Matter of Colalucci v Village of Rye Brook
Motion No: 2009-05273
Slip Opinion No: 2009 NY Slip Op 86175(U)
Decided on October 19, 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

M93284

E/sl

RUTH C. BALKIN, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-05273

In the Matter of Christopher Colalucci, et al.,

appellants-respondents, v Village of Rye Brook,

et al., respondents-appellants.

(Index No. 07-16064)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to enjoin K & M Realty Group, Ltd., from performing any additional work on the subject development and to enjoin Village of Rye Brook from issuing additional permits pending hearing and determination of an appeal and cross appeal from a judgment of the Supreme Court, Westchester County, dated April 16, 2009.

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

ORDERED that the motion is denied.

BALKIN, J.P., ENG, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court