Henig v Forever Diamond
Motion No: 2011-07433
Slip Opinion No: 2013 NY Slip Op 71724(U)
Decided on April 25, 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

M155301

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2011-07433

Marc Henig, plaintiff,

v Forever Diamond, defendant.

(Index No. 1212/08)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to reargue his prior motion for leave to appeal to this Court from an order of the Appellate Term, Ninth and Tenth Judicial Districts, dated December 23, 2010, which affirmed a judgment of the Fourth District Court, Nassau County, entered January 21, 2009, and to waive the motion filing fee. The prior motion for leave to appeal to this Court was determined by decision and order on motion of this Court dated September 26, 2011, and a prior reargument motion was determined by decision and order on motion of this Court dated October 17, 2012.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to waive the motion filing fee is granted; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., DICKERSON, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court