Martin v Burns
Motion No: 2009-02377
Slip Opinion No: 2011 NY Slip Op 71574(U)
Decided on May 3, 2011
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M119246

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2009-02377

Craig Martin, plaintiff-appellant, v George Burns,

respondent; Arthur Morrison, nonparty-appellant.

(Index No. 08-16282)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered February 18, 2009, which was determined by a decision and order of this Court dated October 5, 2010, as amended January 6, 2011, for leave to reargue and renew that branch of a motion which was for an award of costs from the nonparty-appellant, which was determined by a decision and order on motion of this Court dated February 17, 2011.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

DILLON, J.P., BALKIN, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court