JOSEPH TUPPER, AS PRESIDENT AND ON BEHALF OF SYRACUSE PROPERTY OWNERS ASSOCIATION, STAMPEDE VI, LLC, HAMR, INC., AVON
Motion No: 211-12
Slip Opinion No: 2012 NY Slip Op 76630(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: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.

MOTION NO. 211-12
DOCKET NO. CA 11-01940

JOSEPH TUPPER, AS PRESIDENT AND ON BEHALF OF SYRACUSE

PROPERTY OWNERS ASSOCIATION, STAMPEDE VI, LLC, HAMR, INC.,

AVON, INC., 867 SUMNER AVE, L.L.C., JAKE AND BUCK, LLC,

OCOMSTOCK COMPANY, LLC, NORMAN ROTH, WILLIAM OSUCHOWSKI,

DAVID EADE, DAVID PATRUNO, JENNIFER PATRUNO, BARBARA

HUMPHREY, RENEE MURRAY, YAJAIRA BRIZUELA, PAUL WALSH, CAROL

STONE AND BENJAMIN TUPPER, PLAINTIFFS-APPELLANTS,

V

CITY OF SYRACUSE, COMMON COUNCIL OF CITY OF SYRACUSE AND

PLANNING COMMISSION OF CITY OF SYRACUSE,

DEFENDANTS-RESPONDENTS.


Respondents having moved for leave to appeal to the Court of Appeals from the order of this Court entered March 23, 2012,

Now, upon reading and filing the affidavit of Meghan P. McLees Craner, Esq., sworn to April 13, 2012, the notice of motion with proof of service thereof, and the affirmation of Noelle C. Wolfson, Esq., dated April 23, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 8, 2012

Frances E. Cafarell, Clerk