ALBERT G. FRACCOLA, JR., INDIVIDUALLY AND AS 50 PERCENT SHAREHOLDER, PRESIDENT AND DIRECTOR, COMMITTEEMAN OF ONE, AND

ALBERT G. FRACCOLA, JR., INDIVIDUALLY AND AS 50 PERCENT SHAREHOLDER, PRESIDENT AND DIRECTOR, COMMITTEEMAN OF ONE, AND

Motion No: 1440-18

Slip Opinion No: 2019 NY Slip Op 65952(U)

Decided on March 15, 2019

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.

March 15, 2019

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, CURRAN, AND TROUTMAN, JJ.

MOTION NO. 1440-18
DOCKET NO. CA 18-01353

ALBERT G. FRACCOLA, JR., INDIVIDUALLY AND AS 50
PERCENT SHAREHOLDER, PRESIDENT AND DIRECTOR,
COMMITTEEMAN OF ONE, AND CREDITOR OF 1ST CHOICE
REALTY, INC., ET AL., PLAINTIFF-APPELLANT,
V
1ST CHOICE REALTY, INC., A DOMESTIC CORPORATION IN
DISSOLUTION, ET AL., DEFENDANTS,
ROBERT K. HILTON, III, JAY G. WILLIAMS, III, AND
GETNICK, LIVINGSTON, ATKINSON, GIGLIOTTI AND PRIORE, LLP,
DEFENDANTS-RESPONDENTS.

Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered December 21, 2018,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: March 15, 2019

Mark W. Bennett, Clerk