Excel Realty Advisors, L.P. v SCP Capital, Inc.
Motion No: 2011-00640
Slip Opinion No: 2013 NY Slip Op 72650(U)
Decided on May 2, 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

M155733

J/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2011-00640

Excel Realty Advisors, L.P., etc., appellant,

v SCP Capital, Inc., et al., respondents.

(Index No. 8730/10)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered December 8, 2010, which was determined by decision and order of this Court dated December 5, 2012, or, in the alternative, for leave to appeal to the Court of Appeals.

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 one bill of $100 costs.

ENG, P.J., RIVERA, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court