| IN THE MATTER OF THOMAS FRECK V TOWN OF PORTER, TOWN OF PORTER ZONING BOARD OF APPEALS, TOWN OF PORTER PLANNING BOARD |
| Motion No: 1395-17 |
| Slip Opinion No: 2018 NY Slip Op 71244(U) |
| Decided on April 27, 2018 |
| 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., CARNI, LINDLEY, CURRAN, AND TROUTMAN, JJ.
MOTION NO. 1395-17
DOCKET NO. CA 16-02092
| IN THE MATTER OF THOMAS FRECK,
PETITIONER-PLAINTIFF-APPELLANT-RESPONDENT, V TOWN OF PORTER, TOWN OF PORTER ZONING BOARD OF APPEALS, TOWN OF PORTER
PLANNING BOARD, ET AL., RESPONDENTS-DEFENDANTS-RESPONDENTS, THOMAS FLECKENSTEIN, INDIVIDUALLY AND AS TRUSTEE OF THE JUDITH
A. FLECKENSTEIN LIVING TRUST, JUDITH A. FLECKENSTEIN, INDIVIDUALLY AND AS TRUSTEE OF THE JUDITH A. FLECKENSTEIN LIVING TRUST, AND
NIAGARA AQUACULTURE, INC., RESPONDENTS-DEFENDANTS-RESPONDENTS-APPELLANTS. |
Petitioner-plaintiff having moved for leave to appeal to the Court of Appeals from the order of this Court entered February 2, 2018,
Now, upon reading and filing the affirmation of Alan J. Knauf, Esq., dated March 12, 2018, the notice of motion with proof of service thereof, and the affirmation of Charles W. Malcomb, Esq., dated March 21, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: April 27, 2018
Mark W. Bennett, Clerk