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MUHAMETAJ v. TOWN OF ORANGETOWN

2019-13672. Index No. 33000/18.

195 A.D.3d 627 (2021)

144 N.Y.S.3d 637

2021 NY Slip Op 03460

Sami Muhametaj et al., Plaintiffs, v. Town of Orangetown, Appellant. Robert V. Magrino et al., Nonparty Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 2, 2021.

Attorney(s) appearing for the Case

Scalise & Hamilton, P.C., Scarsdale, NY ( Deborah A. Scalise and Annette G. Hasapidis of counsel), for nonparty-appellant Robert V. Magrino, and Keane & Beane, P.C., White Plains, NY ( Judson K. Siebert of counsel), for defendant-appellant Town of Orangetown (one brief filed).

Marshall Dennehey Warner Coleman & Goggin, P.C., New York, NY ( Jeffrey J. Imeri and Richard C. Imbrogno of counsel), for nonparty-appellants William McPartland and Steven Saal.

LaSalle, P.J., Austin, Barros and Wooten, JJ., concur.

Ordered that on the Court's own motion, the notices of appeal are deemed applications for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

Ordered that the order is reversed, on the facts, without costs or disbursements, and the matter is remitted to the Supreme Court, Rockland County, for further proceedings in accordance herewith.

Pursuant to 22 NYCRR 130-1.1, a court, in its discretion, after a reasonable opportunity...

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