Matter of Devivo v Town of Carmel
Motion No: 2009-06248
Slip Opinion No: 2010 NY Slip Op 69310(U)
Decided on April 22, 2010
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

M101272

E/ct

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2009-06248

In the Matter of Anilo Devivo, etc.,

respondent, v Town of Carmel, appellant.

(Index No. 1021/09)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Putnam County, dated May 26, 2009, which was determined by decision and order of this court dated December 15, 2009, 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.

RIVERA, J.P., COVELLO, ANGIOLILLO, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court