| Matter of Tin Can Holding, LLC v Zoning Board of Appeals |
| Motion No: 2008-03651 |
| Slip Opinion No: 2008 NYSlipOp 93283(U) |
| Decided on December 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
M80436
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2008-03651 In the Matter of Tin Can Holding, LLC, appellant, v Zoning Board of Appeals of Town of Mount Pleasant, respondents. (Index No. 407/08)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that so much of its decision and order on motion entitled "In the Matter of Dismissal of Causes for Failure to Perfect - November 2008 Calendar," dated December 8, 2008, which dismissed an appeal from an order of the Supreme Court, Westchester County, dated March 13, 2008, is recalled and vacated and the appeal is reinstated.
PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court