Town of Hempstead v State of New York
Motion No: 2005-07264
Slip Opinion No: 2007 NYSlipOp 80978(U)
Decided on October 17, 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

M61040

E/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

ROBERT A. LIFSON, JJ.

2005-07264

Town of Hempstead, appellant,

v State of New York, et al., respondents.

(Index No. 016724/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated June 16, 2005, which was determined by decision and order of this court dated July 24, 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.

MILLER, J.P., SANTUCCI, FLORIO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court