Appellate Division: Second Judicial Department

M84382

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WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2008-06006 In the Matter of Oyster Bay Associates Limited Partnership, et al., petitioners-respondents, v Town Board of Town of Oyster Bay, et al., respondents- appellants; Birchwood Civic Association at Jericho, Inc., et al., intervenors-appellants. (Index No. 16830/01)

DECISION & ORDER ON MOTION

Motion by the petitioners-respondents for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated June 9, 2008, which was determined by decision and order of this court dated January 27, 2009, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Separate motion by the Long Island Association for leave to file an amicus curiae brief in support of the motion for leave to reargue.

Upon the papers filed in support of the petitioners-respondents' motion and the papers filed in opposition and in relation thereto, and the papers filed in support of the Long Island Association's motion and the papers filed in opposition thereto, it is

ORDERED that the motion by the Long Island Association for leave to file an amicus curiae brief in support of the motion for leave to reargue is granted to the extent that the brief annexed to its motion papers as Exhibit B is deemed to be filed in support of the petitioners-respondents' motion; and it is further,

ORDERED that the petitioners-respondents' motion for leave to reargue, or, in the alternative, for leave to appeal to the Court of Appeals is denied.

MASTRO, J.P., FLORIO, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court