Matter of Owens Road Associates, LLC v Town Board of To

Matter of Owens Road Associates, LLC v Town Board of To

Motion No: 2005-08260

Slip Opinion No: 2007 NYSlipOp 86499(U)

Decided on December 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

M63465

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

WILLIAM E. McCARTHY, JJ.

2005-08260
In the Matter of Owens Road Associates, LLC,
et al., appellants, v Town Board of Town of
Goshen, et al., respondents.
(Index No. 04-6963)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Orange County, dated August 3, 2005, on the ground that the order was superseded by a judgment of the same court dated August 26, 2005.

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

ORDERED that on the court's own motion, the appellant's notice of appeal from the order dated August 3, 2005, is deemed a premature notice of appeal from the judgment dated August 26, 2005 (see CPLR 5520[c]); and it is further,

ORDERED that the motion is denied.

RIVERA, J.P., SPOLZINO, RITTER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court