| IN THE MATTER OF THE ARBITRATION BETWEEN NICHOLAS GIANGUALANO, MARY ANN ALLAN, RICHARD S. ALLAN, GARY L. ALLAN, KENNETH |
| Motion No: 911-12 |
| Slip Opinion No: 2012 NY Slip Op 95171(U) |
| Decided on December 21, 2012 |
| 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: PERADOTTO, J.P., CARNI, LINDLEY, AND MARTOCHE, JJ.
MOTION NO. 911-12
DOCKET NO. 12-00059
| IN THE MATTER OF THE ARBITRATION BETWEEN NICHOLAS
GIANGUALANO, MARY ANN ALLAN, RICHARD S. ALLAN, GARY L. ALLAN, KENNETH N. ALLAN, JEFFREY R. ALLAN AND ELIZABETH E.
CHAIRES, PETITIONERS-RESPONDENTS, AND JAY B. BIRNBAUM AND ILENE L. FLAUM, AS CO-TRUSTEES OF TRUST "B" UNDER THE
LAST WILL AND TESTAMENT OF BERNARD B. BIRNBAUM, DECEASED, RESPONDENTS-APPELLANTS. |
Appellants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered October 5, 2012,
Now, upon reading and filing the affirmation of Dennis C. Vacco, Esq., dated November 7, 2012, the notice of motion with proof of service thereof, the affidavit of Ryan F. McCann, Esq., sworn to November 15, 2012, the affirmation of Joseph A. Matteliano, Esq., dated November 15, 2012, and the affidavit of Wayne I. Freid, Esq. sworn to November 15, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: December 21, 2012
Frances E. Cafarell, Clerk