County of Westchester v United Water New Rochelle
Motion No: 2005-00803 +1
Slip Opinion No: 2006 NYSlipOp 83015(U)
Decided on December 28, 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

M48766

E/sl

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-00803, 2005-01138

County of Westchester, respondent, v

United Water New Rochelle, appellant.

(Index No. 04-18593)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue appeals from a decision of the Supreme Court, Westchester County, entered December 22, 2004, and an order of the same court dated January 12, 2005, which were determined by decision and order of this court dated September 26, 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., KRAUSMAN, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court