| New York Telephone Company v Supervisor of Town of |
| Motion No: 2005-07659 |
| Slip Opinion No: 2006 NYSlipOp 65600(U) |
| Decided on March 27, 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. |
Appellate Division: Second Judicial Department
M37694
E/sl
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-07659 New York Telephone Company, respondent, v Supervisor of Town of Oyster Bay, et al., appellants, et al., defendant (and a third-party action). (Action No. 1) (Index No. 12185/98) New York Telephone Company, respondent, v Supervisor of Town of Oyster Bay, et al., appellants, et al., defendant. (Action No. 2) (Index No. 11519/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, dated June 21, 2005, on the ground that the issue on appeal was or should have been raised on a prior appeal from an order of the same court entered December 26, 2002 (Appellate Division Docket No. 2003-01411), which was determined by decision and order of this court dated April 12, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal.
RITTER, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court