Appellate Division: Second Judicial Department

M166052

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2012-01816, 2012-01826 Keishma Smallwood, etc., et al., appellants, v Matthew M. Lupoli, et al., respondents, et al., defendant (and a third-party action). (Appeal No. 1) Keishma Smallwood, etc., et al., appellants, v Matthew Lupoli, et al., defendants, Peter M. Redmond, et al., respondents (and a third party action). (Appeal No. 2) (Index No. 6066/10)

DECISION & ORDER ON MOTION

Motion by the respondents Matthew M. Lupoli, Albert Basal, Fred Basal, Tony Zadeh, Plaza Homes, LLC, Universal Development, LLC, and George J. Brucker for leave to reargue stated portions of appeals from two orders of the Supreme Court, Queens County, both entered December 28, 2011, which were determined by decision and order of this Court dated June 12, 2013, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Separate motion by the appellants for leave to reargue stated portions of the appeals 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 motions and the papers filed in opposition thereto, it is

ORDERED that the motions are denied.

DILLON, J.P., ANGIOLILLO, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court