PRESENT: HURLBUTT, J. P., CENTRA, PERADOTTO, GREEN, AND GORSKI, JJ.

MOTION NO. 612-09
DOCKET NO. CA 08-01913

IN THE MATTER OF LOCKPORT SMART GROWTH, INC., DOROTHY STOCKTON, THOMAS WALKER, JOSEPH P. STUART, JR., JAMES EMMERT, JOAN A. GRIGG, AND JOANNE WOODSIDE, PETITIONERS-APPELLANTS, V TOWN OF LOCKPORT, TOWN OF LOCKPORT PLANNING BOARD, RICHARD FORSEY, ROBERT BALCERZAK, MORRIS WINGARD, DAVID KINYON, WALTER THORMAN, RODNEY CONRAD, WILLIAM FEW, AND ROBERT LANGDON, IN THEIR CAPACITIES AS MEMBERS OF TOWN OF LOCKPORT PLANNING BOARD, WAL-MART STORES, INC., WAL-MART REAL ESTATE BUSINESS TRUST, AND LOCKPORT L.L.C., RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 1.) IN THE MATTER OF LOCKPORT SMART GROWTH, INC., JOAN A. GRIGG, AND JAMES EMMERT, PETITIONERS-APPELLANTS, V TOWN OF LOCKPORT ZONING BOARD OF APPEALS, EUGENE NENNIS, IN HIS OFFICIAL CAPACITY AS TOWN OF LOCKPORT BUILDING INSPECTOR, WAL-MART STORES, INC., LOCKPORT L.L.C., AND WAL-MART REAL ESTATE BUSINESS TRUST, RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 2.)

Petitioners having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered June 5, 2009,

Now, upon reading and filing the affidavit of Jill L. Yonkers sworn to July 13, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Morgan L. Jones, Jr. sworn to July 22, 2009, the opposing affirmation of John G. Horn dated July 23, 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