New York Telephone Company v Supervisor of Town of
Motion No: 2009-00264
Slip Opinion No: 2010 NY Slip Op 91890(U)
Decided on December 23, 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

M113214

E/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

ANITA R. FLORIO

L. PRISCILLA HALL, JJ.

2009-00264

New York Telephone Company, plaintiff,

v Supervisor of Town of North Hempstead,

et al., defendants third-party plaintiffs-appellants;

County of Nassau, et al., third-party defendants-

respondents.

(Index No. 12192/98)

DECISION & ORDER ON MOTION

Motions by the third-party defendants-respondents for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered December 1, 2008, which was determined by opinion and order of this Court dated August 3, 2010, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion 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.

PRUDENTI, P.J., RIVERA, FLORIO and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court