| Matter of Caltagirone v Zoning Board of Appeals |
| Motion No: 2006-06077 |
| Slip Opinion No: 2007 NYSlipOp 75595(U) |
| Decided on August 10, 2007 |
| 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. |
Appellate Division: Second Judicial Department
M58424
E/sl
STEPHEN G. CRANE, J.P.
ANITA R. FLORIO
PETER B. SKELOS
RUTH C. BALKIN, JJ.
|
2006-06077 In the Matter of Peter Caltagirone, et al., appellants, v Zoning Board of Appeals, et al., respondents. (Index No. 06-2196)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay construction at the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated May 3, 2006. Cross motion by the respondent Schoonmaker Homes - John Steinberg, Inc., pursuant to 22 NYCRR 130-1 to impose a sanction upon the appellants for making a frivolous motion and for an award of costs and an attorney's fee.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and cross motion are denied.
CRANE, J.P., FLORIO, SKELOS and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court