Matter of Brancato v Zoning Board of Appeals of City of Yo
Motion No: 2005-01479
Slip Opinion No: 2006 NYSlipOp 67230(U)
Decided on April 20, 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

M38629

O/sl

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-01479

In the Matter of Joseph Brancato, petitioner-

respondent, v Zoning Board of Appeals of City

of Yonkers, respondent-respondent, Thomas

O'Donoghue, et al., appellants.

(Index No. 13428/04)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, to enjoin the respondent from resuming work at the subject premises pending hearing and determination of an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered January 21, 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.

FLORIO, J.P., LUCIANO, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court