Patchogue Associates v Sears, Roebuck and Co.
Motion No: 2011-09192
Slip Opinion No: 2013 NY Slip Op 89356(U)
Decided on October 24, 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

M164197

E/nl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2011-09192

Patchogue Associates, appellant,

v Sears, Roebuck and Co., respondent.

(Index No. 859/11)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated July 13, 2011, which was determined by decision and order of this Court dated July 17, 2013, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.

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 $100 costs.

MASTRO, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court