Fernandez v Abalene Oil Co., Inc.
Motion No: 2010-09870
Slip Opinion No: 2012 NY Slip Op 70505(U)
Decided on April 18, 2012
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

M136184

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-09870

Thomas Fernandez, etc., et al., appellants-respondents,

v Abalene Oil Co., Inc., et al., defendants third-party

plaintiffs-respondents-appellants, et al., defendants,

Island Mobile Communications, Inc., defendant

third-party defendant; I.M.C. Antenna & Tower, Inc.,

third-party defendant/second third-party plaintiff-

respondent, et al., second third-party defendants.

(Index No. 16397/04)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents for leave to appeal to the Court of Appeals from a decision and order of this Court dated January 31, 2012, which determined an appeal from an order of the Supreme Court, Kings County, dated August 23, 2010.

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

ORDERED that the motion is denied.

ANGIOLILLO, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court