Matter of Ross v Ross Metals Corporation
Motion No: 2010-01042
Slip Opinion No: 2011 NY Slip Op 90518(U)
Decided on November 22, 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

M129051

E/ct

MARK C. DILLON, J.P.

ANITA R. FLORIO

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2010-01042

In the Matter of Eric Ross, etc., appellant,

v Ross Metals Corporation, respondent;

Jack Ross, et al., nonparty-respondents.

(File No. 1806/06)

DECISION & ORDER ON MOTION

Motion by the respondent and the nonparty-respondents for leave to reargue an appeal from an order of the Surrogate's Court, Kings County, dated December 8, 2009, which was determined by decision and order of this Court dated August 9, 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., FLORIO, CHAMBERS and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court