DeGruccio v. Town of Smithtown

Appellate Division of the Supreme Court of New York

DeGruccio v. Town of Smithtown

222 A.D.2d 396, 635 N.Y.S.2d 516

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 4, 1995

StatusPublished

This text of 222 A.D.2d 396 (DeGruccio v. Town of Smithtown) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

DeGruccio v. Town of Smithtown, 222 A.D.2d 396, 635 N.Y.S.2d 516 (N.Y. Ct. App. 1995).

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Opinion

—Appeal by the plaintiffs in Action No. 1 (1) from an order of the Supreme Court, Suffolk County (Oshrin, J.), dated September 23, 1994, and (2) as limited by their brief, from so much of an order of the same court, dated January 31, 1995, as, upon reargument and renewal, adhered to its original determination.

Ordered that the appeal from the order dated September 23, 1994, is dismissed, as that order was superseded by the order dated January 31, 1995, made upon reargument and renewal; and it is further,

Ordered that the order dated January 31, 1995, is affirmed insofar as appealed from for reasons stated by Justice Oshrin at the Supreme Court; and it is further,

Ordered that the respondent is awarded one bill of costs. Bracken, J. P., O’Brien, Ritter, Friedmann and Goldstein, JJ., concur.

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—Appeal by the plaintiffs in Action No. 1 (1) from an order of the Supreme Court, Suffolk County (Oshrin, J.), dated September 23, 1994, and (2) as limited by their brief, from so much of an order of the same court, dated January 31, 1995, as, upon reargument and renewal, adhered to its original determination.

Ordered that the appeal from the order dated September 23, 1994, is dismissed, as that order was superseded by the order dated January 31, 1995, made upon reargument and renewal; and it is further,

Ordered that the order dated January 31, 1995, is affirmed insofar as appealed from for reasons stated by Justice Oshrin at the Supreme Court; and it is further,

Ordered that the respondent is awarded one bill of costs. Bracken, J. P., O’Brien, Ritter, Friedmann and Goldstein, JJ., concur.

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Bluebook (online)

222 A.D.2d 396, 635 N.Y.S.2d 516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/degruccio-v-town-of-smithtown-nyappdiv-1995.