2009-2259 RI C. MCGURK v. BUTTERMARK AND SONS, INC. — Motion by respondents for leave to appeal to the Appellate Division from a decision and order of this court dated May 11, 2012, which determined an appeal from a judgment of the Civil Court of the City of New York, Richmond County, entered October 24, 2006.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.