Matter of ESP Wexford, LLC v Pawling Joint Sewer Comm
Motion No: 2009-02983
Slip Opinion No: 2009 NY Slip Op 70664(U)
Decided on April 27, 2009
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

M85793

E/cb

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2009-02983

In the Matter of ESP Wexford, LLC, appellant,

v Pawling Joint Sewer Commission, et al., respondents.

(Proceeding No. 1)

In the Matter of ESP Wexford Pawling, LLC, appellant,

v Town of Pawling Planning Board, et al., respondents.

(Proceeding No. 2)

In the Matter of ESP Wexford Pawling, LLC, appellant,

v Pawling Joint Sewer Commission, et al., respondents.

(Proceeding No. 3)

(Index Nos. 5396/08, 7252/08, 7780/08)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to enjoin the respondent Jucca Company from installing a certain sewer line and constructing a certain office building pending hearing and determination of an appeal from a judgment of the Supreme Court, Dutchess County, dated February 25, 2009.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., MILLER, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court