Matter of Benali, LLC v New York State Department of Environmental Con
Motion No: 2014-08495
Slip Opinion No: 2017 NY Slip Op 91290(U)
Decided on November 2, 2017
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

M240632

E/ct

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2014-08495, 2015-10423

In the Matter of Benali, LLC, appellant,

v New York State Department of

Environmental Conservation, et al.,

respondents.

(Index No. 10686/13)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue appeals from a judgment of the Supreme Court, Suffolk County, entered July 28, 2015, and a decision of the same court dated May 22, 2014, which were determined by decision and order of this Court dated May 17, 2017, 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.

BALKIN, J.P., COHEN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court