Matter of Save Open Space v Planning Board of Town of Ne
Motion No: 2009-00702
Slip Opinion No: 2009 NY Slip Op 77528(U)
Decided on July 9, 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

M89076

J/sl

MARK C. DILLON, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2009-00702, 2009-02792

In the Matter of Save Open Space, et al., appellants,

v Planning Board of Town of Newburgh, et al.,

respondents.

(Index Nos. 07-10924, 08-15546)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated June 26, 2009, in the above-entitled matter, which granted a motion by the appellants, on appeals from two judgments of the Supreme Court, Westchester County, is amended by deleting from the recitation paragraph thereof, the words "no papers having been filed in opposition or in relation", and substituting therefor the words "the papers filed in opposition and relation".

DILLON, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court