| Matter of Haberman v Zoning Board of Appeals of City of Lo |
| Motion No: 2009-05689 |
| Slip Opinion No: 2010 NY Slip Op 87145(U) |
| Decided on November 4, 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. |
Appellate Division: Second Judicial Department
M110564
E/sl
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
RANDALL T. ENG
L. PRISCILLA HALL, JJ.
|
2009-05689, 2010-04743, 2010-10038
In the Matter of Sinclair Haberman, et al., appellants, v Zoning Board of Appeals of City of Long Beach, et al., respondents- respondents, et al., respondent. (Appeal Nos. 1 & 3) In the Matter of Sinclair Haberman, et al., petitioners-respondents, v Zoning Board of Appeals of City of Long Beach, et al., appellants, et al., respondents. (Appeal No. 2) (Index No. 1138/04)
| DECISION & ORDER ON MOTION |
Motion by Sinclair Haberman and Belair Building, LLC, on appeals from three orders of the Supreme Court, Nassau County, dated April 20, 2009 (Appellate Division Docket No. 2009-05689), January 28, 2010 (Appellate Division Docket No. 2010-04743), and September 13, 2010 (Appellate Division Docket No. 2010-10038), respectively, to hold in abeyance the appeal from the order dated April 20, 2009, pending determination of the appeal from the order dated September 13, 2010. Cross motion by Zoning Board of Appeals of City of Long Beach, Rocco Morelli, Lenny Torres, Marcel Weber, Michael Fina, Stuart Banschick, Lorraine Divone, Michael Leonetti, City of Long Beach, and Scott Kemins, inter alia, to hold in abeyance the appeal from the order dated September 13, 2010, pending determination of the appeal from the order dated January 28, 2010.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion by Sinclair Haberman and Belair Building, LLC, is denied; and it is further,
ORDERED that the branch of the cross motion by Zoning Board of Appeals of City of Long Beach and others which is to hold in abeyance the appeal from the order dated September 13, 2010 (Appellate Division Docket No. 2010-10038), pending determination of the appeal from the order dated January 28, 2010 (Appellate Division Docket No. 2010-04743), is granted, and the Court will specify a date by which they will serve and file a brief in connection with the appeal from the order dated September 13, 2010, after the appeal from the order dated January 28, 2010, has been decided; and it is further,
ORDERED that the cross motion is otherwise denied.
MASTRO, J.P., BALKIN, ENG and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court