Matter of DCH Auto v Town of Mamaroneck
Motion No: 2017-03016
Slip Opinion No: 2020 NY Slip Op 68450(U)
Decided on July 13, 2020
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

M271846

MB/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2017-03016

In the Matter of DCH Auto, etc., et al., appellants,

v Town of Mamaroneck, etc., et al., respondents.

(Index No. 23040/2009)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Westchester County, entered February 10, 2017, which was determined by decision and order of this Court dated December 11, 2019. Motion by the appellants for leave 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. Separate motion by International Council of Shopping Centers for leave to serve and file a memorandum of law in support of the appellants' motion, as amicus curiae.

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

ORDERED that the appellants' motion for leave to reargue the appeal, or, in the alternative, for leave to appeal to the Court of Appeals is denied, with $100 costs.

ORDERED that the motion for leave to serve and file a memorandum of law in support of the appellants' motion, as amicus curiae, is denied.

DILLON, J.P., MALTESE, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court