Executive Towers at Lido, LLC v City of Long Beach
Motion No: 2005-10449
Slip Opinion No: 2007 NYSlipOp 73608(U)
Decided on July 13, 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

M57110

E/sl

ROBERT W. SCHMIDT, J.P.

REINALDO E. RIVERA

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2005-10449

Executive Towers at Lido, LLC, et al., appellants-

respondents, v City of Long Beach, et al.,

respondents-appellants.

(Index No. 7977/03)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents for leave to appeal to the Court of Appeals from a decision and order of this court dated February 20, 2007, which determined an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered October 5, 2005. Cross motion by the respondents-appellants for leave to reargue the appeal and cross appeal, 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 cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion and the cross motion are denied.

SCHMIDT, J.P., RIVERA, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court