MOTION NO. 316 BOY SCOUTS OF AMERICA, V CAYUGA COUNTY COUNCIL NO. 366, BOY SCOUTS OF AMERICA, CAYUGA YOUTH TRUST
Motion No: CA 10-00102
Slip Opinion No: 2011 NY Slip Op 91078(U)
Decided on November 10, 2011
Appellate Division, Fourth 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.


November 10, 2011

PRESENT: SMITH, J.P., FAHEY, CARNI, LINDLEY, AND GORSKI, JJ.

DOCKET NO. CA 10-00102

MOTION NO. 316

BOY SCOUTS OF AMERICA, PLAINTIFF-RESPONDENT-APPELLANT,

V

CAYUGA COUNTY COUNCIL NO. 366, BOY SCOUTS OF AMERICA,

CAYUGA YOUTH TRUST, MICHAEL FERRO, WALTER LOWE,

CHARLES BOULEY, JR., AND DONALD GRILLO,

DEFENDANTS-APPELLANTS-RESPONDENTS.


Plaintiff having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered April 1, 2011,

Now, upon reading and filing the affidavit of S. Paul Battaglia, Esq., sworn to May 5, 2011, the notice of motion with proof of service thereof, the affidavit of John M. Nichols, Esq., sworn to July 28, 2011, and the statement of S. Paul Battaglia, Esq., dated October 28, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed.

Entered: November 10, 2011

Patricia L. Morgan, Clerk