| IN THE MATTER OF HARTFORD/NORTH BAILEY HOMEOWNERS ASSOCIATION, BY FRANK S. PASZTOR, ITS PRESIDENT V ZONING BOARD OF |
| Motion No: CA 08-02200 |
| Slip Opinion No: 2009 NY Slip Op 72430(U) |
| Decided on May 12, 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: CENTRA, J.P., PERADOTTO, GREEN, PINE, AND GORSKI, JJ.
DOCKET NO. CA 08-02200
| IN THE MATTER OF HARTFORD/NORTH BAILEY HOMEOWNERS ASSOCIATION, BY
FRANK S. PASZTOR, ITS PRESIDENT, PETITIONER-APPELLANT, V ZONING BOARD OF APPEALS OF THE TOWN OF AMHERST, WAL-MART
STORES, INC. AND BENDERSON DEVELOPMENT CO., INC., RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 1.) IN THE MATTER OF
HARTFORD/NORTH BAILEY HOMEOWNERS ASSOCIATION, BY FRANK S. PASZTOR, ITS PRESIDENT, PETITIONER-APPELLANT V PLANNING BOARD OF
THE TOWN OF AMHERST, WAL-MART STORES, INC. AND BENDERSON DEVELOPMENT CO., INC., RESPONDENTS-RESPONDENTS. (PROCEEDING NO.
2.) |
Respondent Wal-Mart Stores, Inc. having moved to strike portions of petitioner's reply brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 16, 2008,
Now, upon reading and filing the affirmation of Marc A. Romanowski dated April 3, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Gregg S. Maxwell dated April 10, 2009, the reply affirmation of Marc A. Romanowski dated April 15, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: May 12, 2009
Patricia l. Morgan, Clerk