| Breco Environmental Contractors, Inc. v Town of Smithto |
| Motion No: 2005-00662 |
| Slip Opinion No: 2006 NYSlipOp 75993(U) |
| Decided on September 19, 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
M44648
A/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
FRED T. SANTUCCI
PETER B. SKELOS, JJ.
|
2005-00662 Breco Environmental Contractors, Inc., plaintiff, v Town of Smithtown, defendant third-party plaintiff; R. E. Pusterino, P.C., third-party defendant. (Action No. 1) (Index No. 21645-00) Ruttura & Sons Construction Company, plaintiff, v Breco Environmental Contractors, Inc., et al., defendants. (Action No. 2) (Index No. 16090-00) Tully Environmental, Inc., etc., plaintiff, v Liberty Mutual Insurance Company, defendant. (Action No. 3) (Index No. 1731-01) Breco Environmental Contractors, Inc., plaintiff, v Town of Smithtown, defendant. (Action No. 4) (Index No. 16706-00) Durante Bros. Construction Corp., plaintiff, v Breco Environmental Contractors, Inc., defendant. (Action No. 5) (Index No. 6130-01) Breco Environmental Contractors, Inc., respondent, v Town of Smithtown, appellant. (Action No. 6) (Index No. 18486-01) Breco Environmental Contractors, Inc., plaintiff, v Town of Smithtown, defendant. (Action No. 7) (Index No. 32239-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to resettle a decision and order of this court dated July 5, 2006, which determined an appeal from an order of the Supreme Court, Suffolk County, dated November 23, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., ADAMS, SANTUCCI and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court