Mauro v Atlas Park, LLC
Motion No: 2011-08905
Slip Opinion No: 2013 NY Slip Op 66344(U)
Decided on March 5, 2013
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

M152379

J/ct

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2011-08905, 2011-09278

Michael A. Mauro, etc., appellant, v Atlas Park,

LLC, defendant, WMAP, LLC, respondent.

(Index No. 28494/10)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue appeals from two orders of the Supreme Court, Queens County, entered July 12, 2011, and August 16, 2011, respectively, which were determined by decision and order of this Court dated October 17, 2012, or in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Cross motion by the respondent for an award of costs and an attorney's fee.

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

ORDERED that the motion is denied, with $100 costs; and it is further,

ORDERED that the cross motion is granted to the extent indicated above and is otherwise denied.

RIVERA, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court