| Matter of East Fishkill Home & Land Company, LLC v Town |
| Motion No: 2007-03445 |
| Slip Opinion No: 2008 NYSlipOp 92215(U) |
| Decided on December 16, 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
M79922
E/cb
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
ROBERT A. LIFSON
JOHN M. LEVENTHAL, JJ.
|
2007-03445 In the Matter of East Fishkill Home & Land Company, LLC, petitioners, v Town of East Fishkill, et al., respondents. (Index No. 4897/06)
| DECISION & ORDER ON MOTION |
Motion by the petitioners for leave to reargue a hybrid proceeding pursuant to CPLR article 78 to review a determination of the Town of East Fishkill Town Board dated July 27, 2006, and, inter alia, for a declaratory judgment and injunctive relief, which was determined by decision, order and judgment of this court dated September 23, 2008, or, in the alternative, for leave to appeal to the Court of Appeals from the decision, order and judgment of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
MASTRO, J.P., SKELOS, LIFSON and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court