AIR STREAM CORPORATION, res, v. 3300 LAWSON CORP., ap — Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this Court October 17, 2012, which determined an appeal from a judgment of the Supreme Court, Nassau County, entered August 18, 2009, following remittitur from the Court of Appeals.

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

ORDERED that the motion is denied.

MASTRO, J.P., RIVERA, BALKIN and LEVENTHAL, JJ., concur.