Matter of Gerbino v Whelan
Motion No: 2018-01319
Slip Opinion No: 2020 NY Slip Op 76381(U)
Decided on December 21, 2020
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

M274669

MB/

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2018-01319

In the Matter of Lisa Gerbino, et al., respondents,

v John Whelan, etc., et al., appellants.

(Index No. 2987/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated November 27, 2017, which was determined by decision and order of this Court dated August 19, 2020. Motion by the respondents for leave to reargue the appeal, 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.

DILLON, J.P., BALKIN, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court