MOTION NO. 1235 AMY MCCABE AND THOMAS MCCABE, V ST. PAUL FIRE AND MARINE INSURANCE COMPANY, . (APPEAL NO. 2.)
Motion No: CA 10-00091
Slip Opinion No: 2011 NY Slip Op 65013(U)
Decided on February 10, 2011
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


February 10, 2011

PRESENT: SMITH, J.P., LINDLEY, SCONIERS, AND GORSKI, JJ.

DOCKET NO. CA 10-00091

MOTION NO. 1235

AMY MCCABE AND THOMAS MCCABE,

PLAINTIFFS-RESPONDENTS-APPELLANTS,

V

ST. PAUL FIRE AND MARINE INSURANCE COMPANY,

DEFENDANT-APPELLANT-RESPONDENT,

ET AL., DEFENDANT.

(APPEAL NO. 2.)


Defendant St. Paul Fire and Marine Insurance Company having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered December 30, 2010,

Now, upon reading and filing the affirmation of Sharon Angelino, Esq. dated January 10, 2011, the notice of motion with proof of service thereof, and the affirmation of Andrew O. Miller, Esq. dated January 20, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: February 10, 2011

Patricia L. Morgan, Clerk