Matter of Mahopac Central School District v Piazza Brothers
Motion No: 2005-00513
Slip Opinion No: 2006 NYSlipOp 76697(U)
Decided on August 4, 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

M42972

S/cf

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2005-00513

In the Matter of Mahopac Central School District,

appellant, v Piazza Brothers, Inc., respondent.

(Index No. 648/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Putnam County, dated 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., CRANE, SANTUCCI and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court