Matter of Feder v Town of Islip Zoning Board of Appeals
Motion No: 2012-05133
Slip Opinion No: 2013 NY Slip Op 77378(U)
Decided on June 20, 2013
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

M158246

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2012-05133, 2012-05291

In the Matter of Jerome Feder, et al.,

respondents, v Town of Islip Zoning Board

of Appeals, et al., appellants.

(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 February 26, 2013, in the above-entitled matter, on appeals from an order of the Supreme Court, Suffolk County, dated November 15, 2011, and a judgment of the same court entered April 3, 2012, is amended by deleting the first decretal paragraph thereof and substituting therefor the following decretal paragraph:

"ORDERED that the branch of the motion which is to dismiss the appeal by Barry Wetherall and Harriet Wetherall is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further."

MASTRO, J.P., RIVERA, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court