Matter of Scarcella v Village of Scarsdale Board of Trustees
Motion No: 2010-09330
Slip Opinion No: 2011 NY Slip Op 68236(U)
Decided on March 28, 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

M117636

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, in effect, to recall and vacate so much of a decision and order on motion of this Court dated January 20, 2011, as dismissed an appeal from an order of the Supreme Court, Westchester County, dated June 8, 2009, or, in the alternative, to direct the Supreme Court, Westchester County, to enter judgment upon the order dated June 8, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

FLORIO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court