Matter of Heritage Hills Sewage Works Corporation v Town

Matter of Heritage Hills Sewage Works Corporation v Town

Motion No: 2007-04010

Slip Opinion No: 2008 NYSlipOp 90681(U)

Decided on December 3, 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

M79189

E/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2007-04010
In the Matter of Heritage Hills Sewage Works
Corporation, appellant, v Town Board of Town
of Somers, et al., respondents-respondents;
Heritage Hills Society, Ltd., intervenor-
respondent-respondent.
(Index No. 04-8718)

DECISION & ORDER ON MOTION

Motion by the respondents-respondents for leave to resettle a decision and order of this court dated September 2, 2008, which determined an appeal from a judgment of the Supreme Court, Westchester County, entered March 30, 2007.

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

ORDERED that the motion is denied.

RIVERA, J.P., FISHER, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court