Town of Oyster Bay v S. Zara and Sons Contracting
Motion No: 2011-00739
Slip Opinion No: 2012 NY Slip Op 82122(U)
Decided on August 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M142494

E/ct

REINALDO E. RIVERA, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2011-00739

Town of Oyster Bay, appellant,

v S. Zara and Sons Contracting Corporation,

respondent.

(Index No. 13421/09)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered December 3, 2010, which was determined by decision and order of this Court dated April 24, 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.

RIVERA, J.P., DILLON, ANGIOLILLO and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court