MOTION NO. 424/08 MATTER OF PELICAN POINT LLC V JERRY HOOVER, CHAIR, JON LEWIS, DAVID CONLEY, JACK SCHILBE, WILLIAM
Motion No: CA 07-01472
Slip Opinion No: 2008 NYSlipOp 86364(U)
Decided on October 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.


October 3, 2008

PRESENT: MARTOCHE, J.P., SMITH, PERADOTTO, PINE, AND GORSKI, JJ.

DOCKET NO. CA 07-01472

MOTION NO. 424/08

MATTER OF PELICAN POINT LLC, PETITIONER-RESPONDENT,

V

JERRY HOOVER, CHAIR, JON LEWIS, DAVID CONLEY, JACK SCHILBE,

WILLIAM JOHNSON, KEITH BLAKER, AND JACK EBERSOL,

CONSTITUTING ZONING BOARD OF APPEALS OF TOWN OF GORHAM,

RESPONDENTS-APPELLANTS.


Petitioner having moved for 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 William R. Kenyon sworn to June 5, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Mary Jo S. Korona dated June 20, 2008, and due deliberation having been had thereon,

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

Entered: October 3, 2008

JoAnn M. Wahl, Clerk