| Matter of McDougall v Scoppetta |
| Motion No: 2009-02176 |
| Slip Opinion No: 2010 NY Slip Op 84726(U) |
| Decided on October 13, 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. |
Appellate Division: Second Judicial Department
M109438
E/sl
WILLIAM F. MASTRO, J.P.
STEVEN W. FISHER
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
|
2009-02176 In the Matter of Thomas J. McDougall, petitioner, v Nicholas Scoppetta, etc., et al., respondents. (Index No. 28994/08)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue a proceeding pursuant to CPLR article 78, to review a determination of the respondent Commissioner of the Fire Department of the City of New York dated June 23, 2008, which was determined by opinion and judgment of this court dated July 20, 2010, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and judgment 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.
MASTRO, J.P., FISHER, BELEN and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court