Sunrise Harbor Realty, LLC v 35th Sunrise Corp.
Motion No: 2010-00237
Slip Opinion No: 2011 NY Slip Op 85672(U)
Decided on October 4, 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

M126784

E/ct

MARK C. DILLON, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2010-00237, 2010-00238

Sunrise Harbor Realty, LLC, respondent,

v 35th Sunrise Corp., appellant, et al., defendants

(and a third-party action).

(Index No. 23496/01)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue appeals from an order of the Supreme Court, Suffolk County, dated August 26, 2009, and a judgment of the same court entered November 5, 2009, which were determined by decision and order of this Court dated July 12, 2011, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court