Appellate Division: Second Judicial Department

M64132

E/sl

STEVEN P. FISHER, J.P.

ROBERT A. LIFSON

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2006-11278, 2007-02331 In the Matter of Exeter Building Corp., appellant-respondent, v Town of Newburgh, et al., respondents-appellants, Town of Newburgh Planning Board, respondent. (Index No. 06-2657)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to stay the appellant-respondent and its agents, licensees, officers, employees, and lessors from requesting or obtaining approval from the Town of Newburgh Planning Board for the "Madison Green Project" to develop a high-density condominium complex on the subject real property and to stay the Town of Newburgh Planning Board from granting further approvals of the appellant-respondent's application for the "Madison Green Project" to develop a high-density condominium complex on the subject real property, pending hearing and determination of appeals and cross appeals from an order of the Supreme Court, Orange County, dated November 6, 2006, and a judgment of the same court dated January 18, 2007.

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

ORDERED that the motion is granted, and the appellant-respondent and its agents, licensees, officers, employees, and lessors are stayed from requesting or obtaining approval from the Town of Newburgh Planning Board for the "Madison Green Project" to develop a high-density condominium complex on the subject real property and the Town of Newburgh Planning Board is stayed from granting further approvals of the appellant-respondent's application for the "Madison Green Project" to develop a high-density condominium complex on the subject real property, pending hearing and determination of the appeals and cross appeals.

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

ENTER:

James Edward Pelzer

Clerk of the Court