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Bush v. Mulligan

December 16, 2008

IN THE MATTER OF DOLORES BUSH, APPELLANT,
v.
GERARD MULLIGAN, ETC., ET AL., RESPONDENTS.



Motion by the respondents for leave to reargue an appeal from a from a judgment of the Supreme Court, Westchester County (DiBella, J.), entered November 8, 2006, which was determined by decision and order of this Court dated May 6, 2008, or, alternatively, for leave to appeal to the Court of Appeals from the decision and order of this Court.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., THOMAS A. DICKERSON, ARIEL E. BELEN and CHERYL E. CHAMBERS, JJ.

ON MOTION

(Index No. 10226/06)

DECISION & ORDER

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is denied; and it is further,

ORDERED that the branch of the motion which is for leave to reargue is granted; and it is further,

ORDERED that, upon reargument, the decision and order of this Court dated May 6, 2008 (see Matter of Bush v Mulligan, 51 AD3d 663), is recalled and vacated, and the following decision and order is substituted therefor:

Barbara Finkelstein, White Plains, N.Y. (Melinda Bellus of counsel), for appellant.

Charlene M. Indelicato, County Attorney, White Plains, N.Y. (Stacey Dolgin-Kmetz and Thomas G. Gardiner of counsel), for respondents.

In a proceeding pursuant to CPLR article 78 to review a determination of the Westchester County Department of Planning dated February 7, 2006, which, after a hearing, confirmed the termination of the petitioner's participation in the Section 8 Rental Housing Choice Voucher Program (see 42 USC § 1437f[b][1]), the petitioner appeals from a judgment of the Supreme Court, Westchester County (DiBella, J.), entered November 8, 2006, which denied the petition and dismissed the proceeding.

ORDERED that the appeal is dismissed, without costs or disbursements, and the judgment entered November 8, 2006, ...


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