| Matter of Scarcella v Village of Scarsdale Board of Trustees |
| Motion No: 2010-09330 |
| Slip Opinion No: 2011 NY Slip Op 61897(U) |
| Decided on January 20, 2011 |
| 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
M114252
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2010-09330, 2011-00492 In the Matter of Anthony Scarcella, appellant, v Village of Scarsdale Board of Trustees, respondent. (Index No. 08-21149)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, dated June 8, 2009 (Appellate Division Docket No. 2010-09330), for leave to appeal to this Court from an order of the same court dated June 21, 2010 (Appellate Division Docket No. 2011-00492).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to appeal from the order dated June 21, 2010 (Appellate Division Docket No. 2011-00492), is denied; and it is further,
ORDERED that on the Court's own motion, the appeal from the order dated June 8, 2009, under Appellate Division Docket No. 2010-09330, is dismissed, without costs or disbursements, on the ground that the appeal is duplicative of an appeal under Appellate Division Docket No. 2009-06406, which was determined by decision and order of this Court dated April 13, 2010.
FLORIO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court