| Matter of Henderson v Zoning Board of Appeals |
| Motion No: 2008-08305 |
| Slip Opinion No: 2008 NYSlipOp 87974(U) |
| Decided on October 30, 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. |
Appellate Division: Second Judicial Department
M77828
E/cb
REINALDO E. RIVERA, J.P.
ROBERT A. LIFSON
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2008-08305
In the Matter of George Henderson, et al., appellants-respondents, v Zoning Board of Appeals, et al., respondents, Richard Ottinger, et al., respondents-appellants. (Index No. 12351/07)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents Suzanne McCrory, Leonard Weiss, and Eleanor Weiss to stay enforcement of stated portions of an order and judgment (one paper) of the Supreme Court, Westchester County, entered August 15, 2008, pending hearing and determination of an appeal and cross appeal therefrom, and to dismiss the cross appeal on the ground that no appeal lies as of right from the portions of the order from which the cross appeal is taken (see CPLR 5701).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal with respect to George Henderson and Irene Henderson and the notice of cross appeal are deemed to be applications for leave to appeal from the portions of the order which aggrieves George and Irene Henderson and the respondents-appellants, and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the motion is denied.
RIVERA, J.P., LIFSON, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court