Matter of Exeter Building Corp. v Town of Newburgh
Motion No: 2006-11278
Slip Opinion No: 2008 NYSlipOp 78728(U)
Decided on July 25, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M73702

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2006-11278, 2007-02331

In the Matter of Exeter Building Corp.,

appellant-respondent, v Town of Newburgh,

et al., respondents-appellants, Town of

Newburgh Planning Board, respondent.

(Index No. 06-2657)

DECISION & ORDER ON MOTION

Motion by the Town of Newburgh Planning Board and cross motion by Exeter Building Corp. for leave to reargue stated portions of appeals and cross appeals from an order of the Supreme Court, Orange County, dated November 6, 2006, and a judgment of the same court dated January 18, 2007, which were determined by decision and order of this Court dated March 18, 2008.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion and cross motion are denied.

SPOLZINO, J.P., FLORIO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court