| MATTER OF TOWN OF SARDINIA AND TOWN BOARD OF TOWN OF SARDINIA V ZONING BOARD OF APPEALS OF TOWN OF SARDINIA AND GERNATT |
| Motion No: CA 09-02004 |
| Slip Opinion No: 2010 NY Slip Op 62026(U) |
| Decided on January 20, 2010 |
| 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: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 09-02004
| MATTER OF TOWN OF SARDINIA AND TOWN BOARD OF TOWN OF SARDINIA,
PETITIONERS-APPELLANTS, V ZONING BOARD OF APPEALS OF TOWN OF SARDINIA AND GERNATT ASPHALT PRODUCTS, INC.,
RESPONDENTS-RESPONDENTS. |
Donald Lynch, Mary Lynch and Robert Ornce having moved to intervene from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 11, 2008,
Now, upon reading and filing the affidavit of Donald Lynch, Mary Lynch and Robert Ornce sworn to January 6, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Brian W. Downey dated January 15, 2010, the opposing affidavit of Peter J. Sorgi sworn to January 15, 29010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: January 20, 2010
Patricia L. Morgan, Clerk