Kostyshyn v. Commissioners of the Town of Bellefonte

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IN THE SUPREME COURT OF THE STATE OF DELAWARE § § § Plaintiff Below§ Appellant, § § v. § THE COMMISSIONERS OF THE § § TOWN OF BELLEFONTE, § § Defendant Below§ Appellee. MIROSLAW E. KOSTYSHYN, No. 374, 2006 Court Below Superior Court of the State of Delaware in and for New Castle County C.A. No. 05A-05-014 Submitted: September 5, 2006 Decided: October 3, 2006 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices ORDER This third day of October 2006, the Court has considered the appellee s motion to affirm pursuant to Supreme Court Rule 25(a) and finds it to be manifest on the face of the appellant s opening brief that this appeal is without merit for the reasons stated by the Superior Court in its decision dated June 13, 2006. We conclude that there was no error or abuse of discretion on the part of the Superior Court in denying the appellant s motion for reargument. NOW, THEREFORE, IT IS ORDERED that the appellee s motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Randy J. Holland Justice

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