| Matter of 49 WB, LLC v Village of Haverstraw |
| Motion No: 2006-00605 |
| Slip Opinion No: 2007 NYSlipOp 79796(U) |
| Decided on October 2, 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
M60698
S/sl
HOWARD MILLER, J.P.
ROBERT A. SPOLZINO
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2006-00605 In the Matter of 49 WB, LLC, petitioner, v Village of Haverstraw, et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue a proceeding, inter alia, pursuant to Eminent Domain Procedure Law § 207, which was determined in an opinion and judgment of this court dated June 19, 2007.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to reargue is granted to the extent that the opinion and judgment dated June 19, 2007, is amended by deleting from the 34
th
paragraph thereof the words "Additionally, 49 WB had submitted an executive summary of a redevelopment proposal regarding tangible efforts that it had already undertaken with state and local agencies to introduce a community health network into the site, with the purported support of the local state senator and assemblyman. By contrast, HOGAR set forth far less detail regarding efforts to deliver a community health center to the site," and the motion is otherwise denied.
MILLER, J.P., SPOLZINO, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court