Supreme Court of the State of New York County of New York
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - x LANDMARK WEST! INC., 91 CENTRAL Index No. 650354/08 PARK WEST CORPORATION and THOMAS HANSEN, Petitioners, - against - CITY OF NEW YORK BOARD OF STANDARDS AND APPEALS, NEW YORK CITY PLANNING NOTICE OF COMMISSION, HON. ANDREW CUOMO, as MOTION FOR Attorney General of the State of New York, LEAVE TO and CONGREGATION SHEARITH ISRAEL, REARGUE also described as the Trustees of Congregation Shearith Israel, Respondents. -------------------- x PLEASE TAKE NOTICE that, upon the October 23, 2009 affirmation of David Rosenberg, the exhibits thereto, and the memorandum of law submitted herewith, Petitioners will move this Court at the Motion Submission Part thereof, Room 130, at the Courthouse, 60 Centre Street, New York, New York, on December 7, 2009, at 9:30 a.m., or as soon thereafter as counsel can be heard, for an order: (1) Pursuant to CPLR 2221(d), granting reargument of this Court's decision and order dated August 4, 2009, served with notice of entry dated October 6, 2008, dismissing the proceeding; and (2) Upon reargument, withdrawing the decision and order and, pursuant to CPLR 5015, vacating the judgment issued thereon; and (3) Granting to Petitioners such other and further relief as isappropriate. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), answering affidavits and any notice of cross-motion, with supporting papers, if any, shall be served so as to be received by Petitioners' attorneys at least seven (7) days prior to the return date of this motion. Dated: New York, New York October 23, 2009 MARCUS ROSENBERG & DIAMOND LLP Attorneys for Petitioners By: Did Rosenbe 488 Madison Avenue New York, New York 10022 (212) 755-7500 2 TO: Proskauer Rose LLP Attorneys for Respondent Congregation Shearith Israel 1585 Broadway New York, New York 10036-8299 Attn: Louis M.
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