| MOTION NO. 1116 GLACIAL AGGREGATES LLC V TOWN OF YORKSHIRE |
| Motion No: CA 07-02611 |
| Slip Opinion No: 2010 NY Slip Op 76978(U) |
| Decided on July 2, 2010 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND PERADOTTO, JJ.
CA 07-02611
| MOTION NO. 1116 GLACIAL AGGREGATES LLC, PLAINTIFF-RESPONDENT,
V TOWN OF YORKSHIRE, DEFENDANT-APPELLANT. |
Defendant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered April 30, 2010, and plaintiff having cross-moved to strike arguments not preserved for appeal,
Now, upon reading and filing the affirmation of David J. Seeger, Esq. dated June 9, 2010, the affidavit of Edward P. Perlman, Esq. sworn to June 17, 2010, the notices of motion and cross motion with proof of service thereof, the affidavit of David J. Seeger, Esq. sworn to June 18, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion are denied.
Entered: July 2, 2010
Patricia L. Morgan, Clerk