JOSEPH P. GALLAGHER, JR. AND KELLYANN E. GALLAGHER V DOMINIC RUZZINE, JR., ANDREA RUZZINE, TIMOTHY R. MALCHOW, LORA L.
Motion No: 1308-16
Slip Opinion No: 2017 NY Slip Op 72563(U)
Decided on April 28, 2017
Appellate Division, Fourth 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.


April 28, 2017

PRESENT: WHALEN, P.J., CENTRA, LINDLEY, DEJOSEPH, AND SCUDDER, JJ.

MOTION NO. 1308-16
DOCKET NO. CA 16-00508

JOSEPH P. GALLAGHER, JR. AND KELLYANN E. GALLAGHER,

PLAINTIFFS-APPELLANTS,

V

DOMINIC RUZZINE, JR., ANDREA RUZZINE, TIMOTHY R. MALCHOW,

LORA L. MALCHOW, ROBITAILLE RELOCATION CENTER, INC., SARAH

ROBITAILLE, REALTY USA.COM AND GERALDINE BROSKY,

DEFENDANTS-RESPONDENTS.


Appellants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered February 3, 2017,

Now, upon reading and filing the affidavit of James I. Myers, Esq., sworn to February 27, 2017, the notice of motion with proof of service thereof, the affidavit of Jennifer A. Beckage, Esq., sworn to March 8, 2017, the affirmation of John E. Young, Esq., dated March 9, 2017, the affidavit of Richard A. Clack, Esq., sworn to March 10, 2017, and the affirmation of James P. Milbrand, Esq., dated March 10, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: April 28, 2017

Frances E. Cafarell, Clerk