Matter of Suffolk Asphalt Supply, Inc. v Zoning Board
Motion No: 2007-11799
Slip Opinion No: 2009 NY Slip Op 72156(U)
Decided on May 11, 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

M86376

E/cb

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

ARIEL E. BELEN, JJ.

2007-11799

In the Matter of Suffolk Asphalt Supply, Inc.,

appellant, v Zoning Board of Appeals of Village

of Westhampton Beach, respondent.

(Index No. 13020/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, entered September 12, 2007, which was determined by decision and order of this court dated February 3, 2009, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order 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., FLORIO, COVELLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court