Matter of City of Middletown v Town Board of Town of Wall
Motion No: 2006-09193
Slip Opinion No: 2008 NYSlipOp 66647(U)
Decided on March 17, 2008
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

M67686

S/sl

A. GAIL PRUDENTI, P.J.

ROBERT A. SPOLZINO

PETER B. SKELOS

HOWARD MILLER, JJ.

2006-09193

In the Matter of City of Middletown, petitioner,

v Town Board of Town of Wallkill, respondent.

(Appellate Division Docket No. 2006-09193)

In the Matter of City of Middletown, petitioner,

v Town Board of Town of Wallkill, respondent.

(Index No. 06-07926)

DECISION & ORDER ON MOTION

Motion by the petitioner in a proceeding in this court, brought pursuant to statute (General Municipal Law §712[1]), (1) to transfer, to this court, a proceeding commenced in the Supreme Court, Orange County, under Index No. 06-07926 entitled In the Matter of City of Middletown, petitioner, v Town Board of Town of Wallkill, respondent (General Municipal Law, §712[3]) and, (2) to consolidate the two proceedings. Cross motion by the respondent, Town Board of Town of Wallkill, to stay all proceedings in the proceeding pending under Appellate Division Docket No. 2006-09193, pending determination of the proceeding commenced in the Supreme Court, Orange County, under Index No. 06-07926.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the proceeding pending in the Supreme Court, Orange County under Index No. 06-07926, is transferred to this court and is consolidated with the proceeding pending in this court under Appellate Division Docket No. 2006-09193 pursuant to Section 712(3) of the Municipal Annexation Law; and it is further,

ORDERED that the cross motion is denied; and it is further,

ORDERED that the Clerk of the Supreme Court, Orange County, is directed to deliver to the Clerk of this Court, all papers filed in the action under Index No. 06-07926 entitled In the Matter of City of Middletown, petitioner, v Town Board of Town of Wallkill, respondent.

PRUDENTI, P.J., SPOLZINO, SKELOS and MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court