Matter of Benson Point Realty Corporation v Town of East H
Motion No: 2007-11733
Slip Opinion No: 2008 NYSlipOp 89176(U)
Decided on November 14, 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

M78504

E/sl

STEVEN W. FISHER, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-11733

In the Matter of Benson Point Realty Corporation,

respondent, v Town of East Hampton, appellant.

(Index No. 14908-05)

DECISION & ORDER ON MOTION

Motion by Benson Point Realty Corporation on an appeal from an order of the Supreme Court, Suffolk County, dated November 28, 2007, inter alia, for leave to reargue that branch of the appellant's prior motion which was to confirm that an automatic stay is in effect, which was determined by decision and order on motion of this court dated August 8, 2008, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion 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.

FISHER, J.P., SANTUCCI, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court