| Matter of Miserendino v City of Mount Vernon |
| Motion No: 2011-00807 |
| Slip Opinion No: 2012 NY Slip Op 91152(U) |
| Decided on November 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. |
Appellate Division: Second Judicial Department
M146720
E/sl
RANDALL T. ENG, P.J.
MARK C. DILLON
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2011-00807 In the Matter of Roy Miserendino, petitioner, v City of Mount Vernon, et al., respondents. (Index No. 30079/10)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to reargue a proceeding pursuant to CPLR article 78 to review a determination of the Fire Commissioner of the respondent City of Mount Vernon Fire Department dated August 10, 2010, which was determined by decision and judgment of this Court dated June 20, 2012, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and judgment 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.
ENG, P.J., DILLON, LEVENTHAL and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court