Matter of Henderson v Zoning Board of Appeals

Matter of Henderson v Zoning Board of Appeals

Motion No: 2008-08305

Slip Opinion No: 2009 NY Slip Op 82124(U)

Decided on September 1, 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

M91496

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-08305, 2009-03897

In the Matter of George Henderson, et al.,
appellants-respondents, v Zoning Board of
Appeals, et al., respondents, Richard Ottinger,
et al., respondents-appellants.
(Appeal No. 1)
In the Matter of George Henderson, et al.,
appellants, et al., petitioners, v Zoning Board of
Appeals, et al., respondents.
(Appeal No. 2)
(Index No. 07-12351)

DECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the respondents-appellants on appeals and cross appeal from two judgments of the Supreme Court, Westchester County, entered August 15, 2008, and March 17, 2009, respectively, for leave to withdraw their cross appeal from the judgment entered August 15, 2009 (Appellate Division Docket 2008-08305, Appeal No. 1).

Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the cross appeal by the respondents-appellants (Appellate Division Docket No. 2008-08305, Appeal No. 1), is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court