Matter of Riverkeeper, Inc. v Planning Board of Town of Sou

Matter of Riverkeeper, Inc. v Planning Board of Town of Sou

Motion No: 2004-00689 +3

Slip Opinion No: 2006 NYSlipOp 79028(U)

Decided on November 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

M46471

C/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2004-00689, 2004-00703, 2004-00713,
2006-07170
In the Matter of Riverkeeper, Inc., appellant,
v Planning Board of Town of Southeast, et al.,
respondents.
(Proceeding No. 1)
In the Matter of Richard Feuerman, et al., appellants,
v Planning Board of Town of Southeast, et al.,
respondents.
(Proceeding No. 2)
In the Matter of Croton Watershed Clean Water
Coalition, Inc., et al., appellants, v Planning Board
of Town of Southeast, et al., respondents.
(Proceeding No. 3)
(Index Nos. 03-7805, 03-7847, 03-7921)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to appeal to the Court of Appeals from a decision and order of this court dated August 8, 2006, which determined appeals from three judgments of the Supreme Court, Westchester County, all dated December 2, 2003, and a decision of the same court dated October 31, 2003.

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, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court