| IN THE MATTER OF KENNETH H. FRIEDHABER ELIZABETH WAGNER, MARK MOORE, NADJA LASKA, CYNTHIA A. BLAIR, KENNETH J. BLAIR V |
| Motion No: CA 07-02495 |
| Slip Opinion No: 2008 NYSlipOp 87863(U) |
| Decided on October 28, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 07-02495
| IN THE MATTER OF KENNETH H. FRIEDHABER, PETITIONER, ELIZABETH
WAGNER, MARK MOORE, NADJA LASKA, CYNTHIA A. BLAIR, KENNETH J. BLAIR, PETITIONERS-APPELLANTS, V TOWN BOARD OF TOWN OF
SHELDON, ZONING BOARD OF APPEALS OF TOWN OF SHELDON AND SHELDON ENERGY, LLC,
RESPONDENTS-RESPONDENTS. |
Appellants having moved for preliminary injunctive relief pending the hearing and determination of the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on October 24, 2007, and respondents having cross-moved to dismiss the appeal as moot, or in the alternative for other relief,
Now, upon reading and filing the affirmation of Arthur J. Giacalone dated October 10, 2008, the notice of motion with proof of service thereof, the opposing affidavit of John H. Knab sworn to October 15, 2008, the opposing affirmation of Daniel A. Spitzer dated October 16, 2008, the notice of cross motion with proof of service thereof, the reply affirmation of Arthur J. Giacalone dated October 17, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion be, and the same hereby are, denied.
Entered: October 28, 2008
JoAnn M. Wahl, Clerk