Matter of Olidort v Pewzner
Motion No: 2013-09513
Slip Opinion No: 2015 NY Slip Op 74202(U)
Decided on May 26, 2015
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

M192857

S/ct

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

BETSY BARROS, JJ.

2013-09513

In the Matter of David Olidort, et al.,

respondents, v Tamara Pewzner, etc.,

et al., appellants.

(Index No. 3746/12)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, entered July 2, 2013, which was determined by decision and order of this Court dated February 11, 2015, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court, and to clarify the decision and order of this Court dated February 11, 2015, "to explicitly define the encroachment that needs to be removed."

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are for reargument, or, in the alternative for leave to appeal to the Court of Appeals are denied, with $100 costs; and it is further,

ORDERED that the branch of the motion which is to clarify the decision and order of this Court dated February 11, 2015, is denied without prejudice to seeking relief in the Supreme Court, Kings County.

DILLON, J.P., DICKERSON, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court