In the Matter of Troy Sand & Gravel Co. Inc. et v Town of Sand Lake et Al

Motion No: 528769

Slip Opinion No: 2020 NY Slip Op 75034(U)

Decided on November 19, 2020

Appellate Division, Third 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.

Decided and Entered: November 19, 2020528769

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In the Matter of TROY SAND & GRAVEL CO., INC., et al.,                      
                                                       Appellants,
           v                      DECISION AND ORDER
                      ON MOTION
TOWN OF SAND LAKE et al.,
                                                       Respondents.
(Proceeding No. 1.)
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In the Matter of WILLIAM H. HOFFAY et al.,

Appellants,

v
TOWN OF SAND LAKE et al.,

Respondents.
(Proceeding No. 2.)
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In the Matter of RIFENBURG CONSTRUCTION, INC.,

Appellant,

v
TOWN OF SAND LAKE et al.,

Respondents.
(Proceeding No. 3.)
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Motion by petitioners in proceeding No. 1 for reargument and renewal or, in the alternative, for permission to appeal to the Court of Appeals.

Motion by petitioners in proceeding No. 2 for reargument.

Motion by petitioner in proceeding No. 3 for reargument or, in the alternative, for permission to appeal to the Court of Appeals.

Motion by New York Construction Materials Association, Inc. for permission to appear amicus curiae in support of motion by petitioner in proceeding No. 3 for permission to appeal to the Court of Appeals.

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

ORDERED that the motion by New York Construction Materials Association, Inc. for permission to appear amicus curiae in support of the motion by petitioner in proceeding No. 3 for permission to appeal to the Court of Appeals is granted, without costs, and it is further

ORDERED that the motion by petitioners in proceeding No. 1 for reargument and renewal or, in the alternative, for permission to appeal to the Court of Appeals is denied, without costs, and it is further

ORDERED that the motion by petitioners in proceeding No. 2 for reargument is denied, without costs, and it is further

ORDERED that the motion by petitioner in proceeding No. 3 for reargument or, in the alternative, for permission to appeal to the Court of Appeals is denied, without costs.
Garry, P.J., Lynch, Clark, Devine and Reynolds Fitzgerald, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court