| IN THE MATTER OF ELAM SAND & GRAVEL CORP., AND GARY EVANS, V TOWN OF WEST BLOOMFIELD, TOWN BOARD OF TOWN OF WEST |
| Motion No: 505-16 |
| Slip Opinion No: 2016 NY Slip Op 88313(U) |
| Decided on September 30, 2016 |
| 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. |
PRESENT: SMITH, J.P., CENTRA, DEJOSEPH, CURRAN AND SCUDDER, JJ.
MOTION NO. 505-16
DOCKET NO. CA 15-01523
| IN THE MATTER OF ELAM SAND & GRAVEL CORP., AND GARY EVANS,
PLAINTIFFS-PETITIONERS-APPELLANTS, V TOWN OF WEST BLOOMFIELD, TOWN BOARD OF TOWN OF WEST BLOOMFIELD, TOWN OF WEST
BLOOMFIELD PLANNING BOARD, SUE S. STEWART, NEIGHBORS TO SUPPORT WEST BLOOMFIELD AND CITIZENS TO SUPPORT WEST BLOOMFIELD,
DEFENDANTS-RESPONDENTS-RESPONDENTS. |
Respondents Town of West Bloomfield, Town Board of Town of West Bloomfield, and Town of West Bloomfield Planning Board having moved for leave to appeal to the Court of Appeals from the order of this Court entered June 10, 2016,
Now, upon reading and filing the affirmation of David K. Hou, Esq., dated August 25, 2016, the notice of motion with proof of service thereof, and the affirmation of Peter J. Sorgi, Esq., dated September 8, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: September 30, 2016
Frances E. Cafarell, Clerk