Fred Shore Beach Club, Inc. v Palmieri
Motion No: 2011-04672
Slip Opinion No: 2014 NY Slip Op 75920(U)
Decided on June 24, 2014
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

M176230

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

SYLVIA O. HINDS-RADIX, JJ.

2011-04672

Fred Shore Beach Club, Inc., et al., respondents,

v Paul Palmieri, et al., appellants.

(Index No. 407410)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated March 16, 2011, which was determined by decision and order of this Court dated January 15, 2014, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Cross motion by the respondents to impose a sanction upon the appellants and their counsel, and for an award of costs and an attorney's fee.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs; and it is further,

ORDERED that the cross motion is granted to the extent of the costs awarded above and is otherwise denied..

SKELOS, J.P., BALKIN, LOTT and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court