| SAMUEL TOMAINO V THOMAS MAROTTA, JR. |
| Motion No: 498-13 |
| Slip Opinion No: 2013 NY Slip Op 79258(U) |
| Decided on June 28, 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. |
PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND MARTOCHE, JJ.
MOTION NO. 498-13
DOCKET NO. CA 12-02137
| SAMUEL TOMAINO, PLAINTIFF-APPELLANT, V THOMAS
MAROTTA, JR., DEFENDANT-RESPONDENT. |
Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered May 3, 2013,
Now, upon reading and filing the affirmation of Mo Athari, Esq., dated May 30, 2013, the notice of motion with proof of service thereof, and the affirmation of Ryon D. Fleming, Esq., received June 14, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: June 28, 2013
Frances E. Cafarell, Clerk