Town of Oyster Bay v Kirkland
Motion No: 2009-11092
Slip Opinion No: 2011 NY Slip Op 77357(U)
Decided on June 30, 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

M122401

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2009-11092, 2010-02720

Town of Oyster Bay, appellant,

v Galen D. Kirkland, etc., et al., respondents.

(Index No. 4392/09)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue appeals from a judgment of the Supreme Court, Nassau County, dated October 27, 2009, and an order of the same Court entered February 23, 2010, which were determined by decision and order of this Court dated February 15, 2011, 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.

SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court