| Matter of Silvera v Town of Amenia Zoning Board of Ap |
| Motion No: 2005-04906 |
| Slip Opinion No: 2006 NYSlipOp 60368(U) |
| Decided on January 6, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
Appellate Division: Second Judicial Department
M34491
S/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-04906 In the Matter of Fitz-Verity Silvera, et al., petitioners, v Town of Amenia Zoning Board of Appeals, et al., respondents. (Index No. 18566/04)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated December 16, 2005, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondent William J. Yeno, a/k/a William J. Yeno IV in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated May 6, 2005, inter alia, to enlarge the record to include the certificate of occupancy for the subject premises dated October 25, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the record to include the certificate of occupancy for the subject premises dated October 25, 2005, is granted and on or before December 30, 2005, the movant shall serve and file a supplemental record containing the certificate of occupancy for the subject premises dated October 25, 2005; and it is further,
ORDERED that the motion is otherwise denied.
COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court