| Xavier Contracting, LLC v City of Rye |
| Motion No: 2005-00303 |
| Slip Opinion No: 2006 NYSlipOp 75961(U) |
| Decided on September 18, 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
M44637
E/nl
ROBERT W. SCHMIDT, J.P.
PETER B. SKELOS
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2005-00303 Xavier Contracting, LLC, respondent, v City of Rye, et al., appellants. (Index No. 9200/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered December 17, 2004, which was determined by decision and order of this court dated May 9, 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.
SCHMIDT, J.P., SKELOS, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court