| Matter of Davies Farm, LLC v Planning Board of Town of Cl |
| Motion No: 2007-06794 |
| Slip Opinion No: 2007 NYSlipOp 76011(U) |
| Decided on August 16, 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
M58671
T/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
STEVEN W. FISHER
DANIEL D. ANGIOLILLO, JJ.
|
2007-06794 In the Matter of Davies Farm, LLC, appellant, v Planning Board of Town of Clarkstown, respondent. (Index No. 06-9810)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Rockland County, dated July 16, 2007, to compel the respondent to allow it to satisfy a condition contained in a resolution of the respondent dated September 27, 2006, by posting a letter of credit in the sum of $166,750 with the Town of Clarkstown instead of paying cash, or, in the alternative, to compel the respondent to allow it to satisfy the condition under protest.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
We note that satisfaction of the condition does not bar the appellant from raising the validity of the condition on the appeal.
GOLDSTEIN, J.P., SKELOS, FISHER and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court