Matter of Younger v Town of Greenburgh
Motion No: 2009-07193
Slip Opinion No: 2009 NY Slip Op 81907(U)
Decided on August 28, 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

M91411

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2009-07193

In the Matter of David S. Younger, et al.,

petitioners, v Town of Greenburgh, et al.,

respondents.

(Index No. 09-16924)

DECISION & ORDER ON MOTION

Motion by the petitioners for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated August 4, 2009, and, inter alia, to enjoin the respondent Thomas Abruzese from removing rock from certain premises, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

SPOLZINO, J.P., SANTUCCI, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court