Matter of Heritage Square Builders at East Moriches, LLC v

Matter of Heritage Square Builders at East Moriches, LLC v

Motion No: 2007-02748

Slip Opinion No: 2007 NYSlipOp 77790(U)

Decided on September 12, 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

M59576

2007-02748
In the Matter of Heritage Square Builders at
East Moriches, LLC, respondent, v Planning
Board of Town of Brookhaven, et al., appellants,
East Moriches Property Owners's Association,
nonparty-appellant.
(Index No. 12397-06)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants Planning Board of Town of Brookhaven and Town of Brookhaven, to withdraw their appeal from an order of the Supreme Court, Suffolk County, dated January 23, 2007.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal by the appellants Planning Board of Town of Brookhaven and Town of Brookhaven, is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court