| Franco Belli Plumbing and Heating and Sons, Inc. v Dimino |
| Motion No: 2016-04935 |
| Slip Opinion No: 2017 NY Slip Op 68059(U) |
| Decided on March 23, 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. |
Appellate Division: Second Judicial Department
M228118
E/sl
CHERYL E. CHAMBERS, J.P.
JEFFREY A. COHEN
JOSEPH J. MALTESE
BETSY BARROS, JJ.
|
2016-04935, 2016-06225 Franco Belli Plumbing and Heating and Sons, Inc., respondent, v Charles A. Dimino, et al., appellants. (Index No. 10280/12)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders of the Supreme Court, Kings County, dated March 2, 2016, and May 25, 2016, respectively, for leave to reargue their opposition to the respondent's prior motion, inter alia, to strike pages R1637 through R1643 of the record, which was determined by decision and order on motion of this Court dated December 12, 2016, or, in the alternative, for leave to file an addendum to the appellants' brief consisting of certain documents and a new point of argument on the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the appellants' motion is granted to the extent that, upon reargument, the decision and order on motion of this Court dated December 12, 2016, is amended by deleting from the second paragraph thereof the words "no papers having been filed in opposition or in relation thereto," and substituting therefor the words "the papers filed in opposition thereto," and the appellants' motion is otherwise denied.
CHAMBERS, J.P., COHEN, MALTESE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court