| People of State of New York v Wainscott Sand & Gravel Corp. & Wainscott Sand & Gravel Corp. Ii |
| Motion No: 2015-02912 SCR |
| Slip Opinion No: 2018 NY Slip Op 90677(U) |
| Decided on December 5, 2018 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
JERRY GARGUILO
JAMES V. BRANDS, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Appellant, v Wainscott Sand and Gravel Corp. and Wainscott Sand and Gravel Corp. II, Respondents. |
Motion by appellant for leave to reargue an appeal from an order of the Justice Court of the Town of Southampton, Suffolk County, entered July 24, 2015, which was determined by decision and order of this court dated April 5, 2018 (59 Misc 3d 67), or, in the alternative, to resettle and/or modify this court's decision and order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking reargument is granted and, upon reargument, the decision and order of this court dated April 5, 2018 (59 Misc 3d 67) is recalled and vacated and a new decision and order substituted therefor (see appeal No. 2015-2912 S CR); and it is further,
ORDERED that the branch of the motion seeking to resettle and/or modify this court's decision and order is denied as academic.
MARANO, P.J., and GARGUILO, J., concur.
BRANDS, J., taking no part.
ENTER:
Paul Kenny
Chief Clerk