Town of Oyster Bay v Baker
Motion No: 2011-06138
Slip Opinion No: 2012 NY Slip Op 86872(U)
Decided on October 11, 2012
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 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

M144564

I/sl

RANDALL T. ENG, P.J.

MARK C. DILLON

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2011-06138

Town of Oyster Bay, appellant,

v John C. Baker, respondent.

(Index No. 4533/11)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated May 25, 2011, which was determined by decision and order of this Court dated June 13, 2012.

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

ORDERED that the motion is granted to the extent that the decision and order of this Court dated June 13, 2012, is amended by adding the following paragraph after the final paragraph:

"The Town's remaining contentions are without merit.", and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., DILLON, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court