Azizi v Village of Croton-on-Hudson
Motion No: 2009-06634
Slip Opinion No: 2011 NY Slip Op 73752(U)
Decided on May 25, 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

M120464

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-06634, 2009-10733

Karim Azizi, et al., plaintiffs-respondents,

v Village of Croton-on-Hudson, defendant

third-party plaintiff-appellant; Duke's Root

Control, Inc., third-party defendant-respondent.

(Index No. 07-10923)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents for leave to reargue appeals from an order of the Supreme Court, Westchester County, entered June 24, 2009, and a judgment of the same court dated October 13, 2009, which were determined by decision and order of this Court dated December 21, 2010, or to vacate so much of the order dated December 21, 2010, as awarded costs to the appellant.

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.

DILLON, J.P., ANGIOLILLO, BELEN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court