IN THE MATTER OF THAD L. KEMPISTY AND MICHAEL KEMPISTY V TOWN OF GEDDES, EMANUELE FALCONE, SUPERVISOR, CHRISTOPHER
Motion No: CA 11-01555
Slip Opinion No: 2012 NY Slip Op 76615(U)
Decided on June 8, 2012
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 8, 2012

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 11-01555
MOTION NO. 187-12

IN THE MATTER OF THAD L. KEMPISTY AND MICHAEL KEMPISTY,

PETITIONERS-APPELLANTS,

V

TOWN OF GEDDES, EMANUELE FALCONE, SUPERVISOR,

CHRISTOPHER RYAN, JERRY ALBRIGO, DANIEL PATALINO,

E. ROBERT CZAPLICKI, PAUL VALENTI AND VINCENT PALERINO,

CONSTITUTING THE TOWN BOARD OF TOWN OF GEDDES, TOWN OF

GEDDES PLANNING BOARD, AND PETER J. ALBRIGO, AS CODE

ENFORCEMENT OFFICER OF TOWN OF GEDDES,

RESPONDENTS-RESPONDENTS.


Appellant Michael Kempisty having separately moved for reargument and leave to appeal to the Court of Appeals from the order of this Court entered March 16, 2012,

Now, upon reading and filing the affidavit of Robert Louis Riley, Esq,. sworn to April 16, 2012, the notices of motion with proof of service thereof, and the affirmation of Nadine C. Bell, Esq., dated April 27, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are denied.

Entered: June 8, 2012

Frances E. Cafarell, Clerk