Matter of Kogel v Zoning Board of Appeals of Town of

Matter of Kogel v Zoning Board of Appeals of Town of

Motion No: 2008-00249

Slip Opinion No: 2009 NYSlipOp 68714(U)

Decided on April 3, 2009

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

M84786

E/nl

FRED T. SANTUCCI, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2008-00249
In the Matter of James Kogel, et al., appellants,
v Zoning Board of Appeals of Town of Huntington,
et al., respondents.
(Index No. 31203/06)

DECISION & ORDER ON MOTION

Separate motions by the respondents Zoning Board of Appeals of Town of Huntington and Town of Huntington and the respondent Tino's Enterprises, Inc., for leave to appeal to the Court of Appeals from a decision and order of this court dated January 13, 2009, which determined an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated December 13, 2007.

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

ORDERED that the motions are denied.

SANTUCCI, J.P., COVELLO, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court