| Kent Acres Development Co., Ltd v City of New York |
| Motion No: 2005-10662 |
| Slip Opinion No: 2006 NYSlipOp 76837(U) |
| Decided on September 29, 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
M44870
C/nl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-10662 Kent Acres Development Co., Ltd., et al., plaintiffs-appellants, v City of New York, et al., respondents, Town Board of Town of Kent, et al., appellants-respondents. (Matter No. 1) (Index No. 888/96) In the Matter of Kent Acres Development Co., Ltd., et al., appellants, v City of New York, et al., respondents. (Matter No. 2) (Index No. 495/03)
| DECISION & ORDER ON MOTION |
Motion by Lexington Realty Development Corp., inter alia, to dismiss the appeal by the Town Board of the Town of Kent and the Planning Board of the Town of Kent from an order of the Supreme Court, Putnam County, dated October 14, 2005, on the ground that the appeal has been rendered academic.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the motion is held in abeyance, and is referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
PRUDENTI, P.J., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court