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Town of Babylon v Grasso
2015 NY Slip Op 51893(U) [50 Misc 3d 129(A)]
Decided on December 15, 2015
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on December 15, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : MARANO, P.J., GARGUILO and CONNOLLY, JJ.
2014-1631 S C

Town of Babylon, Respondent,

against

Thomas Grasso, Appellant.


Appeal from an order of the District Court of Suffolk County, Second District (Carl J. Copertino, J.), entered April 16, 2014. The order, insofar as appealed from, denied the branch of defendant's motion seeking to strike the complaint and failed to impose sanctions upon plaintiff.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

For the reasons stated in Town of Babylon v Grasso (___ Misc 3d ___, 2015 NY Slip Op _____ [appeal No. 2014-1630 S C], decided herewith), the order, insofar as appealed from, is affirmed.

Marano, P.J., Garguilo and Connolly, JJ., concur.


Decision Date: December 15, 2015