SALVATORE GUERRERA, res, v. ROBERT J. ZYSK, ap — Motion by the appellant, inter alia, for leave to appeal to the Court of Appeals from a decision and order of this Court dated October 3, 2012, which determined an appeal from an order of the Supreme Court, Suffolk County, dated September 1, 2011.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

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