Matter of Santora v Town of Poughkeepsie Board of Appeals
Motion No: 2006-09366
Slip Opinion No: 2007 NYSlipOp 63144(U)
Decided on February 14, 2007
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M50646

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-09366

In the Matter of Brian Santora, et al., appellants,

v Town of Poughkeepsie Board of Appeals,

et al., respondents.

(Index No. 4260/06)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated August 16, 2006, and to impose a sanction on the appellants pursuant to 22 NYCRR 130-1. Application by the appellants to withdraw the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and the application, it is

ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., RITTER, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court