Matter of Dowd v Planning Board of Village of Millbrook
Motion No: 2006-07715 +1
Slip Opinion No: 2007 NYSlipOp 67254(U)
Decided on April 11, 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

M53147

E/sl

ROBERT A. SPOLZINO, J.P.

STEVEN W. FISHER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2006-07715, 2007-01502

In the Matter of Timothy Dowd, et al., appellants,

v Planning Board of Village of Millbrook, et al.,

respondents.

(Index No. 603/06)

DECISION & ORDER ON MOTION

Motion by the respondents Richard Crowe and Joan Crowe to dismiss appeals from a judgment of the Supreme Court, Dutchess County, dated July 12, 2006, and an order of the same court dated January 10, 2007, on the ground that the appeals have been rendered academic. Separate motion by the appellants, inter alia, to stay the respondents from performing construction activities at the subject premises pending hearing and determination of the appeals.

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

ORDERED that the motion by the respondents Richard Crowe and Joan Crowe is denied without prejudice to raising the issue in their brief; and it is further,

ORDERED that the motion by the appellants is denied.

SPOLZINO, J.P., FISHER, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court