Opinion
Motion No: 2010-06378 Index No. 17507-09 M127015
10-13-2011
J & D Evans Construction Corp., plaintiff-appellant, v. Vincenzo Iannucci, et al., respondents; Dino Evangelista, additional counterclaim defendant- appellant, et al., additional counterclaim defendant.
, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
ARIEL E. BELEN, JJ.
DECISION & ORDER ON MOTION
Motion by the plaintiff-appellant and additional counterclaim defendant-appellant for leave to reargue stated portions of an appeal from an order of the Supreme Court, Suffolk County, entered April 8, 2010, which were determined by decision and order of this Court dated May 24, 2011, 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.
MASTRO, J.P., BALKIN, LEVENTHAL and BELEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court