| Matter of Downey Farms Development Corp. v Randazzo |
| Motion No: 2006-08919 +1 |
| Slip Opinion No: 2006 NYSlipOp 81277(U) |
| Decided on December 5, 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
M47750
C/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2006-08919, 2006-09458 In the Matter of Downey Farms Development Corp., et al., appellants, v Richard Randazzo, etc., et al., respondents. (Proceeding No. 1) (Index No. 05-3743) In the Matter of Downey Farms Development Corp., et al., appellants, v Richard Randazzo, etc., et al., respondents. (Proceeding No. 2) (Index No. 05-4045) In the Matter of Downey Farms Development Corp., petitioner, v Town of Cornwall Planning Board, respondents. (Proceeding No. 3) (Index No. 05-5064)
| DECISION & ORDER ON MOTION |
Motion by the Town of Cornwall Planning Board for leave to appeal to this court from an order of the Supreme Court, Orange County, dated August 4, 2006, in Proceeding No. 3 (Appellate Division Docket No. 2006-09458), and for the appeal to be heard together with an appeal from an order of the same court also dated August 4, 2006, in Proceeding No. 1 and Proceeding No. 2 (Appellate Division Docket No. 2006-08919).
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 from the order in Proceeding No. 3 is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
PRUDENTI, P.J., KRAUSMAN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court