Burwell v City of New York
Motion No: 2010-10610
Slip Opinion No: 2012 NY Slip Op 87667(U)
Decided on October 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

M145088

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2010-10610

Ethel M. Burwell, respondent, et al., plaintiff,

v City of New York, respondent-appellant, Subway,

et al., appellants-respondents, et al., defendant.

(Index No. 36834/04)

DECISION & ORDER ON MOTION

Motion by respondent-appellant for leave to reargue an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated October 7, 2010, which were determined by decision and order of this Court dated July 11, 2012. Separate motion by the respondent for leave to reargue the appeal, 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 motions and the papers filed in opposition thereto, it is

ORDERED that the motions are denied, with one bill of costs payable to the appellants-respondents.

ENG, P.J., RIVERA, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court