MOTION NO. 944 DOUGLAS J. CURELLA AND DARLENE CURELLA V TOWN OF AMHERST, TOWN OF AMHERST HIGHWAY DEPARTMENT AND DAVID
Motion No: CA 10-00614
Slip Opinion No: 2010 NY Slip Op 92264(U)
Decided on December 30, 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.


December 30, 2010

PRESENT: MARTOCHE, J.P., CENTRA, CARNI, LINDLEY, AND GREEN, JJ.

DOCKET NO. CA 10-00614

MOTION NO. 944

DOUGLAS J. CURELLA AND DARLENE CURELLA,

PLAINTIFFS-RESPONDENTS,

V

TOWN OF AMHERST, TOWN OF AMHERST HIGHWAY DEPARTMENT AND

DAVID M. PETRIE, DEFENDANTS-APPELLANTS.


Plaintiffs having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered October 1, 2010,

Now, upon reading and filing the affidavit of John A. Collins, Esq. sworn to November 3, 2010, the notice of motion with proof of service thereof, and the affidavit of Norman E. S. Greene, Esq. sworn to November 9, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: December 30, 2010

Patricia L. Morgan, Clerk