RUSSELL WAGNER, ap, v. JANICE WODY res — Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, entered March 31, 2011 , which was determined by decision and order of this Court dated September 12, 2012, 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.

ENG, P.J., SKELOS, LOTT and MILLER, JJ., concur.