Matter of Chiara v Wells
Motion No: 2008-00079
Slip Opinion No: 2009 NY Slip Op 83885(U)
Decided on September 23, 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

M92253

E/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2008-00079

In the Matter of Jeffrey Chiara, petitioner,

v Janet L. Wells, Supervisor, Town of New

Castle, et al., respondents.

(Index No. 10365/07)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to the Court of Appeals from a decision and judgment of this court dated April 28, 2009, which determined a proceeding pursuant to CPLR article 78 to review a determination of the Town of New Castle dated March 29, 2007.

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

ORDERED that the motion is denied.

DILLON, J.P., SANTUCCI, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court