Matter of Switzgable v Board of Zoning Appeals of Town of

Matter of Switzgable v Board of Zoning Appeals of Town of

Motion No: 2009-10684

Slip Opinion No: 2010 NY Slip Op 76166(U)

Decided on July 2, 2010

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

M105177

E/sl

HOWARD MILLER, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2009-10684
In the Matter of Marguerite Switzgable,
etc., et al., respondents-appellants,
v Board of Zoning Appeals of Town of
Brookhaven, et al., appellants-respondents.
(Index No. 19095-09)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to stay the Town of Brookhaven from issuing any permits to Edward S. Lewis to construct any structures, including fences, at the subject premises, and to enjoin Edward S. Lewis from performing any construction pursuant to the subject area variances, pending hearing and determination of appeals and a cross appeal from a judgment of the Supreme Court, Suffolk County, dated October 22, 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.

MILLER, J.P., HALL, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court