MOTION NO. 1267/07 ROBERT SCHLOSSIN AND CREEKSIDE DEVELOPMENT, LLC V TOWN OF MARILLA AND TOWN BOARD OF TOWN OF MARILLA
Motion No: CA 06-03509
Slip Opinion No: 2008 NYSlipOp 75168(U)
Decided on June 6, 2008
Appellate Division, Fourth 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.


June 6, 2008

PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, LUNN AND PINE, JJ.

DOCKET NO. CA 06-03509

MOTION NO. 1267/07

ROBERT SCHLOSSIN AND CREEKSIDE DEVELOPMENT, LLC,

PLAINTIFFS-APPELLANTS,

V

TOWN OF MARILLA AND TOWN BOARD OF TOWN OF MARILLA,

DEFENDANTS-RESPONDENTS.


Plaintiffs having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered February 1, 2008,

Now, upon reading and filing the affidavit of Peter J. Sorgi sworn to March 10, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Alison L. Odojewski dated March 19, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: June 6, 2008

JoAnn M. Wahl, Clerk