| Matter of Aspen Creek Estates, Ltd. v Town of Brookhaven |
| Motion No: 2006-03815 |
| Slip Opinion No: 2008 NYSlipOp 67973(U) |
| Decided on March 28, 2008 |
| 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
M68286
E/sl
ROBERT A. SPOLZINO, J.P.
STEVEN W. FISHER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2006-03815 In the Matter of Aspen Creek Estates, Ltd., petitioner, v Town of Brookhaven, et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to reargue a proceeding pursuant to EDPL 207 to review a determination of the Town of Brookhaven dated March 21, 2006, made after a public hearing, to acquire the petitioner's property by condemnation, which was determined by opinion and judgment of this court dated December 4, 2007, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and judgment of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to reargue is denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is granted, and the following question is certified to the Court of Appeals: Was the opinion and judgment of this court dated December 4, 2007, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
SPOLZINO, J.P., FISHER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court