| Village of Croton-On-Hudson v Northeast Interchange Rail |
| Motion No: 2006-04883 |
| Slip Opinion No: 2006 NYSlipOp 76418(U) |
| Decided on September 25, 2006 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M44777
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
|
2006-04883 Village of Croton-on-Hudson, respondent-appellant, v Northeast Interchange Railway, LLC, et al., appellants-respondents. (Index No. 05-22176)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents on appeals and a cross appeal from an order of the Supreme Court, Westchester County, entered April 27, 2006, to dismiss the cross appeal on the ground that the respondent-appellant is not aggrieved by the order entered April 27, 2006, and application by the respondent-appellant to enlarge the time to serve and file an answering brief, including its points of argument on the cross appeal.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the application is denied as academic as the respondent-appellant timely filed its answering brief, including its points of argument on the cross appeal, on September 18, 2006.
RITTER, J.P., GOLDSTEIN, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court