Matter of Townsend v Zoning Board of Appeals of City of Ry
Motion No: 2009-07915
Slip Opinion No: 2010 NY Slip Op 76171(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

M105169

E/sl

HOWARD MILLER, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2009-07915

In the Matter of Neil Townsend, et al., appellants,

v Zoning Board of Appeals of City of Rye,

respondent.

(Index No. 09-2151)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Westchester County, dated July 13, 2009, to strike stated portions of the respondent's brief on the ground they refer to matter dehors the record.

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