Friedman v Progressive Direct Insurance Company
Motion No: 2011-00775
Slip Opinion No: 2013 NY Slip Op 67194(U)
Decided on March 13, 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

M152860

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2011-00775

Judith Friedman, et al., respondents-appellants,

v Progressive Direct Insurance Company,

appellant-respondent.

(Index No. 33074/09)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants for leave to reargue an appeal and cross appeal from a judgment of the Supreme Court, Kings County, entered December 7, 2010, which were determined by decision and order of this Court dated November 7, 2012, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court, and to impose a sanction upon the appellant-respondent for failure to comply with the decision and order dated November 7, 2012.

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

ORDERED that the branches of the motion which are for leave to reargue the appeal and cross appeal, or, in the alternative, for leave to appeal to the Court of Appeals are denied, with $100 costs; and it is further,

ORDERED that the branch of the motion which is to impose a sanction upon the appellant-respondent is denied without prejudice to seeking relief in the Supreme Court, Kings County.

DILLON, J.P., DICKERSON, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court