MOTION NO. 617/08 IN THE MATTER OF POPLAR HILL, INC. AND WALTER J. FLOSS, JR. V TOWN OF CLARENCE ZONING BOARD OF APPEALS
Motion No: CA 07-01458
Slip Opinion No: 2008 NYSlipOp 78003(U)
Decided on July 3, 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.


July 3, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, CENTRA, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 07-01458

MOTION NO. 617/08

IN THE MATTER OF POPLAR HILL, INC. AND WALTER J. FLOSS,

JR., PETITIONERS-RESPONDENTS,

V

TOWN OF CLARENCE ZONING BOARD OF APPEALS, RESPONDENT.



JAMES CECCHINI AND SANDRA CECCHINI,

INTERVENORS/RESPONDENTS-APPELLANTS.


Petitioners having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered April 25, 2008,

Now, upon reading and filing the affidavit of Michael J. Willett sworn to May 30, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Frank T. Gaglione dated June 12, 2008, and due deliberation having been had thereon,

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

Entered: July 3, 2008

JoAnn M. Wahl, Clerk