| Matter of Patchogue Associates v Sears, Roebuck and Co. |
| Motion No: 2012-09047 |
| Slip Opinion No: 2012 NY Slip Op 94040(U) |
| Decided on December 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. |
Appellate Division: Second Judicial Department
M148258
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
SYLVIA HINDS-RADIX, JJ.
|
2012-09047 In the Matter of Patchogue Associates, petitioner, v Sears, Roebuck and Co., respondent. (Index No. 3999/08)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to reargue its prior motion for leave to appeal to this Court from an order of the Appellate Term, Ninth and Tenth Judicial Districts, dated June 11, 2012, which affirmed, insofar as appealed from, an order of the Sixth District Court, Suffolk County, dated October 27, 2010, which was determined by decision and order on motion of this Court dated November 8, 2012, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion 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.
SKELOS, J.P., BALKIN, DICKERSON and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court