Norton v. Town of Islip

Motion by appellant-respondent, in effect, to reargue an appeal from an order of the Supreme Court, Suffolk County, dated July 26, 2007, which was determined by decision and order of this Court dated March 31, 2009.

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

Ordered that the motion is granted and, upon reargument, the decision and order of this Court dated March 31, 2009 (Matter of Norton v Town of Islip, 60 AD3d 1069 [2009]), is recalled and vacated and the following decision and order is substituted therefor:

In a proceeding pursuant…