Matter of Falco Realty, Inc. v Town of Poughkeepsie Zoning
Motion No: 2006-00692
Slip Opinion No: 2006 NYSlipOp 69678(U)
Decided on June 2, 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

M40301

Y/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2006-00692

In the Matter of Falco Realty, Inc., appellant,

v Town of Poughkeepsie Zoning Board of

Appeals, et al., respondents.

(Index No. 5102/05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enjoin the respondents Dyal Properties, Inc., Dyal Carting, Inc., Dyal Resources, Inc., and David Dyal, from proceeding with the subject project pending hearing and determination of an appeal from a judgment of the Supreme Court, Dutchess County, dated January 3, 2006.

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

ORDERED that the motion is denied.

MILLER, J.P., RITTER, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court