| Matter of East End Property Company #1, LLC v Town Boar |
| Motion No: 2007-05041 |
| Slip Opinion No: 2008 NYSlipOp 81257(U) |
| Decided on August 27, 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. |
Appellate Division: Second Judicial Department
M75059
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2007-05041 In the Matter of East End Property Company #1, LLC, et al., respondents-appellants, v Town Board of Town of Brookhaven, et al., appellants-respondents, Long Island Power Authority, respondent. (Proceeding No. 1) In the Matter of East End Property Company #1, LLC, et al., respondents-appellants, v Planning Board of Town of Brookhaven, et al., appellants-respondents. (Proceeding No. 2) 2007-05605 In the Matter of East End Property Company #1, LLC, et al., appellants, v Planning Board of Town of Brookhaven, et al., respondents (and another title). 2008-00757 In the Matter of East End Property Company #1, LLC, et al., appellants, v Town Board of Town of Brookhaven, et al., respondents. (Index Nos. 23201-06, 29596-06, 17956-07)
| DECISION & ORDER ON MOTION |
Motion by the petitioners, inter alia, for a preference in the calendaring of an appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated May 22, 2007, and appeals from an order of the same court also dated May 22, 2007, and an order and judgment (one paper) of the same court dated January 2, 2008, and to enjoin "any further actions in furtherance of a proposed 350 megawatt electrical generating facility . . . located in the Hamlet of Yaphank". Separate application by the petitioner for the court to take judicial notice of a certain quotation in a newspaper article.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for a preference in the calendaring of appeals and cross appeal is granted and the appeals and cross appeal will be calendared expeditiously; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is denied.
MASTRO, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court