Midgley v Phillips
Motion No: 2013-06134
Slip Opinion No: 2017 NY Slip Op 62428(U)
Decided on January 31, 2017
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

M225434

E/ct

JOHN M. LEVENTHAL, J.P.

JOSEPH J. MALTESE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2013-06134, 2014-00093

Sandra J. Midgley, etc., respondent, v Charles L.

Phillips, et al., defendants, Robert E. Sayre, etc.,

et al., appellants.

(Index No. 9933/09)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue appeals from two orders of the Supreme Court, Suffolk County, dated April 12, 2013, and October 15, 2013, respectively, which were determined by decision and order of this Court dated October 12, 2016, 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.

LEVENTHAL, J.P., MALTESE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court