Noghrey v Town of Brookhaven
Motion No: 2004-01585
Slip Opinion No: 2006 NYSlipOp 60916(U)
Decided on January 20, 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

M35106

T/nal

ROBERT W. SCHMIDT, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-01585

Parviz Noghrey, respondent-appellant, v

Town of Brookhaven, et al., appellants-respondents.

(Index No. 18557/01)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated January 29, 2004, which was determined by decision and order of this court dated September 19, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and cross motion by the appellants-respondents for an award of an attorney's fee and to impose a sanction upon the respondent-appellant for frivolous conduct.

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

ORDERED that the motion is denied, with $100 costs; and it is further,

ORDERED that the cross motion is denied.

SCHMIDT, J.P., MASTRO, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court