| MOTION NO. 1636/08 IN THE MATTER OF COUNTRY SIDE SAND & GRAVEL INC. V TOWN OF POMFRET ZONING BOARD OF APPEALS AND TOWN |
| Motion No: CA 08-00955 |
| Slip Opinion No: 2009 NY Slip Op 71731(U) |
| Decided on April 24, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: HURLBUTT, J.P., CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 08-00955
| MOTION NO. 1636/08 IN THE MATTER OF COUNTRY SIDE SAND & GRAVEL
INC., PETITIONER-APPELLANT, V TOWN OF POMFRET ZONING BOARD OF APPEALS AND TOWN OF POMFRET,
RESPONDENTS-RESPONDENTS. |
Petitioner having moved for leave to appeal to the Court of Appeals from the order of this Court entered December 31, 2008,
Now, upon reading and filing the affidavit of Peter J. Sorgi sworn to February 19, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Jeffrey G. Passafero sworn to March 11, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: April 24, 2009
Patricia L. Morgan, Deputy Clerk