Rocky Point Drive-In, L.P. v Town of Brookhaven
Motion No: 2004-10992
Slip Opinion No: 2005 NYSlipOp 68521(U)
Decided on May 5, 2005
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M39264

E/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2004-10992

Rocky Point Drive-In, L.P., appellant,

v Town of Brookhaven, et al., respondents.

(Index No. 30047-02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated October 21, 2004, to permit it to submit at oral argument "two timelines" it created in connection with this appeal.

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

ORDERED that the motion is denied.

RITTER, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court