IN THE MATTER OF GERALD STROBEL, FAITH STROBEL, JAMES COLLINS, PATRICIA COLLINS, FREDERICK MINTER AND BARBARA MINTER V
Motion No: 1148-13
Slip Opinion No: 2014 NY Slip Op 64906(U)
Decided on February 7, 2014
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.


February 7, 2014

PRESENT: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ.

MOTION NO. 1148-13
DOCKET NO. CA 13-00572

IN THE MATTER OF GERALD STROBEL, FAITH STROBEL, JAMES COLLINS,

PATRICIA COLLINS, FREDERICK MINTER AND BARBARA MINTER,

PETITIONERS-APPELLANTS,

V

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,

TOWN OF CLARENCE, ERIE COUNTY DEPARTMENT OF HEALTH, JAMES

BUONO AND KELLI BUONO, RESPONDENTS-RESPONDENTS.


Appellants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered November 15, 2013,

Now, upon reading and filing the affidavit of David L. Roach, Esq., sworn to December 23, 2013, the notice of motion with proof of service thereof, the affidavit of Kenneth R. Kirby, Esq., sworn to December 31, 2013, the affidavit of Ronald P. Bennett, Esq., sworn to January 7, 2014, and the affirmation of Timothy Hoffman, Esq., dated January 8, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: February 7, 2014

Frances E. Cafarell, Clerk