Matter of Feder v Town of Islip Zoning Board of Appeals
Motion No: 2012-05133
Slip Opinion No: 2012 NY Slip Op 88895(U)
Decided on October 25, 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

M145588

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-05133

In the Matter of Jerome Feder, et al., petitioners-

respondents, v Town of Islip Zoning Board of

Appeals, et al., appellants, et al., respondents.

(Index No. 37362-08)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated July 19, 2012, which deemed the appellants' notice of appeal from an order of the Supreme Court, Suffolk County, dated November 15, 2011, to be a notice of appeal from a judgment of the same court entered April 3, 2012, is recalled and vacated, as a notice of appeal from the judgment was filed and that appeal is pending under Appellate Division Docket No. 2012-05291.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court