| MOTION NO. 212.2 IN THE MATTER OF COLONIAL SURETY COMPANY V LAKEVIEW ADVISORS, LLC, RESOLUTION MANAGEMENT, LLC AND |
| Motion No: CA 10-02057 |
| Slip Opinion No: 2011 NY Slip Op 86351(U) |
| Decided on September 30, 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. |
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
DOCKET NO. CA 10-02057
| MOTION NO. 212.2 IN THE MATTER OF COLONIAL SURETY COMPANY,
PETITIONER-APPELLANT, V LAKEVIEW ADVISORS, LLC, RESOLUTION MANAGEMENT, LLC, RESPONDENTS-RESPONDENTS, AND NATIONAL
CREDIT ADJUSTERS, LLC, RESPONDENT. (APPEAL NO. 2.) |
Paul W. O'Brien having moved for reargument of the order of this Court entered February 18, 2011, on behalf of respondent Lakeview Advisors, LLC (denominated a motion pursuant to 22 NYCRR 1000.13 [r]),
Now, upon reading and filing the affidavit of Paul W. O'Brien sworn to July 29, 2011, the notice of motion with proof of service thereof, and the affidavit of Edward P. Yankelunas, Esq., sworn to August 10, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed (see CPLR 321 [a]; Hilton Apothecary v State of New York, 89 NY2d 1024; Michael Reilly Design, Inc. v Houraney, 40 AD3d 592, 593).
Entered: September 30, 2011
Patricia L. Morgan, Clerk