People v. Wainscott Sand & Gravel Corp.

Full title: The People of the State of New York, Appellant, v. Wainscott Sand and…

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Dec 5, 2018

2018 N.Y. Slip Op. 90677 (N.Y. App. Term 2018)

Opinion

Motion No: 2015-02912 SCR

12-05-2018

The People of the State of New York, Appellant, v. Wainscott Sand and Gravel Corp. and Wainscott Sand and Gravel Corp. II, Respondents.

ANTHONY MARANO, P.J.

JERRY GARGUILO

JAMES V. BRANDS, JJ.

DECISION & ORDER ON MOTION

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