Matter of Birch Tree Partners, LLC v Zoning Board of Appea
Motion No: 2011-11762
Slip Opinion No: 2012 NY Slip Op 64638(U)
Decided on February 16, 2012
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

M133396

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-11762

In the Matter of Birch Tree Partners, LLC, appellant,

v Zoning Board of Appeals of Town of East Hampton,

et al., respondents.

(Index No. 42319-10)

DECISION & ORDER ON MOTION

Motion by the appellant to enjoin the respondent Windsor Digital Studio, LLC, from continuing the construction of the subject residence, pending hearing and determination of an appeal from a judgment of the Supreme Court, Suffolk County, entered November 30, 2011.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RIVERA, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court