Astoria Generating Company, LP v Riley Power, Inc.
Motion No: 2017-06612
Slip Opinion No: 2020 NY Slip Op 71377(U)
Decided on September 9, 2020
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

M272825

MB/

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2017-06612

Astoria Generating Company, LP, respondent,

v Riley Power, Inc., appellant, et al., defendant.

(Index No. 702521/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, entered June 19, 2017, which was determined by decision and order of this Court dated January 29, 2020. Motion by the appellant to resettle the decision and order, or, in the alternative, for leave to reargue the appeal. Cross motion by the respondent to reargue the appeal, 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 appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, it is

ORDERED that the motions are denied.

DILLON, J.P., DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court