| Matter of Omni Recycling of Westbury, Inc. v Town of Oyste |
| Motion No: 2006-02891 |
| Slip Opinion No: 2007 NYSlipOp 80710(U) |
| Decided on October 15, 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. |
Appellate Division: Second Judicial Department
M61036
E/sl
STEVEN P. FISHER, J.P.
JOSEPH COVELLO
RUTH C. BALKIN
WILLIAM E. McCARTHY, JJ.
|
2006-02891 In the Matter of Omni Recycling of Westbury, Inc., appellant, v Town of Oyster Bay, et al., respondents. (Index No. 10718/05)
| DECISION & ORDER ON MOTION |
Separate motions by the respondents Town of Oyster Bay and Town Board of the Town of Oyster Bay and the respondent Giove Company, Inc., for leave to reargue an appeal from a judgment of the Supreme Court, Nassau County, dated February 10, 2006, which was determined by decision and order of this court dated June 5, 2007, 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.
FISHER, J.P., COVELLO, BALKIN and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court