MOTION NO. 273/09 IN THE MATTER OF ARNOLD KAHN, INDIVIDUALLY AND AS PRESIDENT OF PARK LANE CONDOMINIUM V PLANNING BOARD
Motion No: CA 08-01089
Slip Opinion No: 2009 NY Slip Op 77467(U)
Decided on July 2, 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.


July 2, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, PERADOTTO, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 08-01089

MOTION NO. 273/09

IN THE MATTER OF ARNOLD KAHN, INDIVIDUALLY AND AS PRESIDENT

OF PARK LANE CONDOMINIUM, PETITIONER-APPELLANT,

V

PLANNING BOARD OF CITY OF BUFFALO AND UNILAND DEVELOPMENT

COMPANY, RESPONDENTS-RESPONDENTS.


Petitioner having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered March 27, 2009,

Now, upon reading and filing the affidavit of Richard J. Lippes sworn to May 18, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Richard A. Moore dated May 29, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: July 2, 2009

Patricia L. Morgan, Clerk