| IN THE MATTER OF HARTFORD/NORTH BAILEY HOMEOWNERS ASSOCIATION, BY FRANK S. PASZTOR, ITS PRESIDENT V ZONING BOARD OF |
| Motion No: 910-09 |
| Slip Opinion No: 2009 NY Slip Op 85798(U) |
| Decided on October 2, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: CENTRA, J. P., PERADOTTO, GREEN, PINE, AND GORSKI, JJ.
MOTION NO. 910-09
DOCKET NO. CA 08-02200
| IN THE MATTER OF HARTFORD/NORTH BAILEY HOMEOWNERS ASSOCIATION, BY
FRANK S. PASZTOR, ITS PRESIDENT, PETITIONER-APPELLANT, V ZONING BOARD OF APPEALS OF THE TOWN OF AMHERST, WAL-MART
STORES, INC. AND BENDERSON DEVELOPMENT CO., INC., RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 1.) IN THE MATTER OF
HARTFORD/NORTH BAILEY HOMEOWNERS ASSOCIATION, BY FRANK S. PASZTOR, ITS PRESIDENT, PETITIONER-APPELLANT, V PLANNING
BOARD OF TOWN OF AMHERST, WAL-MART STORES, INC. AND BENDERSON DEVELOPMENT CO., INC., RESPONDENTS-RESPONDENTS. (PROCEEDING
NO. 2.) |
Petitioner having moved for leave to appeal to the Court of Appeals from the order of this Court entered June 12, 2009,
Now, upon reading and filing the affidavit of Richard J. Lippes sworn to July 15, 2009, the notice of motion with proof of service thereof, the opposing affidavit of John J. Henry sworn to July 29, 2009, the opposing affirmation of John G. Horn dated July 30, 2009, the opposing affidavit of E. Thomas Jones sworn to July 30, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: October 2, 2009
Patricia L. Morgan, Clerk