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MATTER OF JOHNSON v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION

34 A.D.3d 241 (2006)

824 N.Y.S.2d 39

In the Matter of SHELTON JOHNSON, Appellant-Respondent, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION et al., Respondents-Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 9, 2006.

Although the court improperly deemed respondents' motion to vacate and modify the prior judgment, entered February 15, 2005, a motion to resettle (see Foley v Roche, 68 A.D.2d 558, 566 [1979]), the motion was properly granted (see Woodson v Mendon Leasing Corp., 100 N.Y.2d 62, 68 [2003]) to the extent of vacating the direction to place petitioner in the specific geographic location to which...

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