| Matter of Wetherall v Town of Islip Zoning Board of Appeals |
| Motion No: 2008-08163 |
| Slip Opinion No: 2009 NY Slip Op 70761(U) |
| Decided on April 28, 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. |
Appellate Division: Second Judicial Department
M85840
E/cb
HOWARD MILLER, J.P.
RANDALL T. ENG
JOHN M. LEVENTHAL
ARIEL E. BELEN, JJ.
|
2008-08163 In the Matter of Barry Wetherall, et al., petitioners-respondents, v Town of Islip Zoning Board of Appeals, et al., respondents- respondents; Jerome Feder, et al., nonparty- appellants. (Index No. 30596-06)
| DECISION & ORDER ON MOTION |
Motion by the petitioners-respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated July 30, 2008, on the ground that it has been rendered academic.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
MILLER, J.P., ENG, LEVENTHAL and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court