Matter of City of Middletown v Town Board of Town of Wall
Motion No: 2006-09193
Slip Opinion No: 2007 NYSlipOp 87314(U)
Decided on December 24, 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

M64101

S/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2006-09193

In the Matter of City of Middletown, petitioner,

v Town Board of Town of Wallkill, et al., respondents.

DECISION & ORDER ON MOTION

Proceeding pursuant to General Municipal Law§712, in effect, to determine whether the proposed annexation by the City of Middletown of certain real property located in the Town of Wallkill is in the over-all public interest.

Upon the petition and the papers filed in support thereof, and upon the answer to the petition, it is

ORDERED that pursuant to General Municipal Law § 712(6), the following three persons are designated as Referees to hear and to report to this court, together with their findings of fact and conclusions of law, on the issue of whether the proposed annexation by the City of Middletown of certain property located in the Town of Wallkill is in the over-all public interest:

Honorable Andrew O'Rourke

Honorable William Sherwood

Nancy Jo Hughes, Esq.

and it is further,

ORDERED that the proceeding is held in abeyance, pending the receipt by this court of the report by the referees, which shall be made and filed by them with all convenient speed.

PRUDENTI, P.J., MILLER, SCHMIDT, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court