Matter of Halperin v City of New Rochelle
Motion No: 2004-02193
Slip Opinion No: 2006 NYSlipOp 66813(U)
Decided on April 11, 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 is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M38211

O/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2004-02193

In the Matter of Edward Halperin, et al., petitioners,

v City of New Rochelle, et al., respondents.

(Index No. 4197/03)

DECISION & ORDER ON MOTION

Motion by the petitioners for leave to reargue a hybrid proceeding pursuant to CPLR article 78 to review three determinations of the Board of Appeals on Zoning of the City of New Rochelle dated February 5, 2002, February 4, 2003, and February 18, 2003, respectively, and an action for certain declaratory relief, which was determined by decision, order and judgment of this court dated December 27, 2005.

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

ORDERED that the motion is denied, with $100 costs.

PRUDENTI, P.J., FLORIO, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court