Matteawan on Main, Inc. v City of Beacon
Motion No: 2010-05441
Slip Opinion No: 2011 NY Slip Op 85663(U)
Decided on October 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

M126767

E/ct

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

ANITA R. FLORIO

LEONARD B. AUSTIN, JJ.

2010-05441

Matteawan on Main, Inc., appellant,

v City of Beacon, respondent.

(Index No. 8188/09)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to vacate a decision and order of this Court dated May 24, 2011, which determined an appeal from an order of the Supreme Court, Dutchess County, dated May 10, 2010, for leave to file a brief on the appeal, and to recalendar the appeal, or, in the alternative, for leave to reargue the appeal or to resettle the decision and order dated May 24, 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.

RIVERA, J.P., SKELOS, FLORIO and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court