Matter of Town of Mount Pleasant v JJC Construction Corp.
Motion No: 2005-06653
Slip Opinion No: 2007 NYSlipOp 65902(U)
Decided on March 23, 2007
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

M52462

E/sl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-06653

In the Matter of Town of Mount Pleasant, appellant,

v JJC Construction Corp., respondent.

(Index No. 05-8210)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered June 23, 2005, which was determined by decision and order of this court dated December 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 no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

MILLER, J.P., SPOLZINO, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court