D & S Realty Development, LP v Town of Huntington
Motion No: 2003-06967
Slip Opinion No: 2006 NYSlipOp 60726(U)
Decided on January 17, 2006
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

M34864

T/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2003-06967

D & S Realty Development, LP, respondent,

v Town of Huntington, et al., appellants, et al.,

defendants.

(Index No. 2897/99)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated October 3, 2005, which determined an appeal from an order of the Supreme Court, Suffolk County, dated July 7, 2003.

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

ORDERED that the motion is denied.

FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court