MOTION NO. 301 JOSEPH TUPPER, AS PRESIDENT AND ON BEHALF OF SYRACUSE PROPERTY OWNERS ASSOCIATION, 741 LIVINGSTON
Motion No: CA 09-02157
Slip Opinion No: 2010 NY Slip Op 75077(U)
Decided on June 11, 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.


June 11, 2010

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, AND GORSKI, JJ.

CA 09-02157

MOTION NO. 301

JOSEPH TUPPER, AS PRESIDENT AND ON BEHALF OF SYRACUSE

PROPERTY OWNERS ASSOCIATION,

741 LIVINGSTON AVENUE, LLC, STAMPEDE VI, LLC,

HAMR, INC., 867 SUMNER AVE., L.L.C., JAKE AND BUCK, LLC,

OCOMSTOCK, LLC, DAVID EADE AND BENJAMIN TUPPER,

PLAINTIFFS-RESPONDENTS,

V

CITY OF SYRACUSE, COMMON COUNCIL OF CITY OF SYRACUSE AND

PLANNING COMMISSION OF CITY OF SYRACUSE,

DEFENDANTS-APPELLANTS.


Defendants-appellants having moved for leave to appeal to the Court of Appeals from the order of this Court entered March 19, 2010,

Now, upon reading and filing the affirmation of Joseph Francis Bergh, Esq. dated April 22, 2010, the notice of motion with proof of service thereof, the affirmation of Adam L. Wekstein, Esq. dated April 29, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 11, 2010

Patricia L. Morgan, Clerk