Carle Place Union Free School District v Bat-Jac Construct
Motion No: 2004-08842 +1
Slip Opinion No: 2006 NYSlipOp 75854(U)
Decided on September 15, 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

M44489

A/sl

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2004-08842, 2005-02054

Carle Place Union Free School District,

appellant, v Bat-Jac Construction, Inc.,

defendant, American Safety Casualty Insurance

Company, et al., respondents.

(Index No. 4721/04)

DECISION & ORDER ON MOTION

Motion by the respondent American Safety Casualty Insurance Company for leave to reargue appeals from two orders of the Supreme Court, Nassau County, entered September 30, 2004, and January 28, 2005, respectively, which were determined by decision and order of this court dated April 18, 2006, 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.

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court