Matter of LeBrun v Zoning Board of Appeals of Town of Bed

Matter of LeBrun v Zoning Board of Appeals of Town of Bed

Motion No: 2005-09741

Slip Opinion No: 2006 NYSlipOp 72166(U)

Decided on July 18, 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

M42122

S/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-09741
In the Matter of Leonardo LeBrun, et al.,
appellants-respondents, v Zoning Board of Appeals
of Town of Bedford, respondent, Robert Gjerlow,
et al., respondents-appellants.
(Index No. 05-3580)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Westchester County, entered September 30, 2005.

Now, on the court's own motion the appeal and cross appeal are dismissed, without costs or disbursements, as the order was superseded by a judgment of the same court dated October 24, 2005 (see Matter of Aho, 39 NY2d 241, 248).

PRUDENTI, P.J., FLORIO, MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court