| Samuel Tomaino v Thomas Marotta, Jr. |
| Motion No: 2013-794 |
| Slip Opinion No: 2013 NY Slip Op 84613 |
| Decided on September 10, 2013 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
Samuel Tomaino,
Appellant,
v
Thomas Marotta, Jr.,
Respondent.
Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution (seeCuadrado v New York City Tr. Auth.,lvdismissed 14 NY3d 748 [2010]).