Matter of J & M Harriman Holding Corp. v Zoning Board of
Motion No: 2007-11418
Slip Opinion No: 2009 NY Slip Op 79899(U)
Decided on August 5, 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

M90440

E/sl

HOWARD MILLER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2007-11418

In the Matter of J & M Harriman Holding Corp.,

appellant, v Zoning Board of Appeals of Village

of Harriman, et al., respondents-respondents,

et al., respondent.

(Index No. 06-7182)

DECISION & ORDER ON MOTION

Motion by the respondent-respondent Zoning Board of Appeals of Village of Harriman for leave to reargue an appeal from a judgment of the Supreme Court, Orange County, entered October 10, 2007, which was determined by decision and order of this court dated May 5, 2009, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Separate motion by the respondents-respondents Gregory Epsaro and Harriman Auto for the same relief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are denied, with $100 costs.

MILLER, J.P., ANGIOLILLO, ENG and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court