Palmieri v Town of Babylon
Motion No: 2007-09838
Slip Opinion No: 2009 NYSlipOp 68750(U)
Decided on April 6, 2009
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

M84779

E/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

2007-09838

Paul Palmieri, appellant, v Town of Babylon,

respondent.

(Index No. 17598/99)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this court dated November 25, 2008, which determined an appeal from an order of the Supreme Court, Suffolk County, dated June 11, 2007. Cross motion by the appellant pursuant to 22 NYCRR Part 130 to impose a sanction upon the respondent and for an award of costs and an attorney's fee.

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 cross motion are denied.

PRUDENTI, P.J., FLORIO, ANGIOLILLO and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court