Cortes v Town of Brookhaven
Motion No: 2009-05162
Slip Opinion No: 2011 NY Slip Op 63252(U)
Decided on February 4, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M114992

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2009-05162

Manuel Richard Cortes, plaintiff, v Town of

Brookhaven, defendant third-party plaintiff-

appellant; Doleen Trucking Corp., et al.,

third-party defendants-respondents, et al.,

third-party defendant.

(Index No. 11621-04)

DECISION & ORDER ON MOTION

Motion by DF Stone Contracting, Ltd., for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, dated April 15, 2009, which was determined by decision and order of this Court dated November 3, 2010, or, in the alternative, for leave to appeal to the Court of Appeals from the decision 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.

MASTRO, J.P., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court