Matter of Interstate Materials Corporation v City of

Matter of Interstate Materials Corporation v City of

Motion No: 2006-09120

Slip Opinion No: 2008 NYSlipOp 72379(U)

Decided on May 16, 2008

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

M70658

E/cb

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

ANITA R. FLORIO

DANIEL D. ANGIOLILLO, JJ.

2006-09120
In the Matter of Interstate Materials Corporation,
appellant, v City of New York, et al., respondents.
(Index No. 80446/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Richmond County, dated August 11, 2006, which was determined by decision and order of this court dated February 5, 2008, 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 in relation thereto, it is

ORDERED that the motion is denied, with $100 costs.

SPOLZINO, J.P., SKELOS, FLORIO and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court