Duke v Town of Riverhead
Motion No: 2009-08777
Slip Opinion No: 2009 NY Slip Op 91332(U)
Decided on December 15, 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

M96035

J/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2009-08777

William Duke, et al., respondents,

v Town of Riverhead, et al., appellants,

et al., defendant.

(Index No. 11958-05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 14, 2009, in the above-entitled matter, which granted a motion by the appellant Town of Riverhead and a cross motion by the respondents, on appeals from a judgment of the Supreme Court, Suffolk County, dated December 2, 2009, is amended by (1) deleting from the caption thereof the word "appellant" and substituting therefor the words "et al., appellants", and (2) deleting from the last decretal paragraph thereof the date "January 15, 2009", and substituting therefor the date "January 15, 2010".

RIVERA, J.P., SANTUCCI, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court