KIMBERLY MITCHELL CONVERSE V DOLE FOOD COMPANY, INC., DOLE FRESH FRUIT COMPANY AND LEONARD'S EXPRESS, INC. (APPEAL NO.
Motion No: 959-12
Slip Opinion No: 2013 NY Slip Op 75177(U)
Decided on February 1, 2013
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.


February 1, 2013

PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND MARTOCHE, JJ.

MOTION NO. 959-12
DOCKET NO. CA 12-00663

KIMBERLY MITCHELL CONVERSE, PLAINTIFF,

V

DOLE FOOD COMPANY, INC., DOLE FRESH FRUIT COMPANY,

DEFENDANTS-APPELLANTS,

AND LEONARD'S EXPRESS, INC., DEFENDANT-RESPONDENT.

(APPEAL NO. 2.)


Respondent having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered September 28, 2012,

Now, upon reading and filing the affirmation of Stewart B. Greenspan, Esq., dated December 17, 2012, the notices of motion with proof of service thereof, and the affidavit of R. Anthony Rupp, III, Esq., sworn to January 3, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: February 1, 2013

Frances E. Cafarell, Clerk