| Rocky Point Drive-In, L.P. v Town of Brookhaven |
| Motion No: 2010-01714 |
| Slip Opinion No: 2012 NY Slip Op 75036(U) |
| Decided on June 1, 2012 |
| 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. |
Appellate Division: Second Judicial Department
M138425
E/sl
DANIEL D. ANGIOLILLO, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2010-01714 Rocky Point Drive-In, L.P., respondent- appellant, v Town of Brookhaven, et al., appellants-respondents. (Index No. 30047-02)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant for leave to reargue an appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, entered January 22, 2010, which were determined by decision and order of this Court dated March 6, 2012, 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.
ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court