Matter of Coalition to Save Cedar Hill v Planning Board
Motion No: 2008-04272
Slip Opinion No: 2009 NY Slip Op 72643(U)
Decided on May 15, 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

M86643

E/cb

REINALDO E. RIVERA, J.P.

HOWARD MILLER

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2008-04272, 2009-02754

In the Matter of Coalition to Save Cedar Hill,

et al., appellants, v Planning Board of Incorporated

Village of Port Jefferson, et al., respondents.

(Index Nos. 1811/07, 32344/08)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two judgments of the Supreme Court, Suffolk County, dated April 2, 2008, and January 22, 2009, respectively, to enjoin the respondent Liberty Meadows, LLC, from filing a certain subdivision map or taking any action pursuant to any permit issued by the Village of Port Jefferson and to enjoin the respondent Planning Board of Incorporated Village of Port Jefferson from signing the subject subdivision map, pending determination of the appeals, to calendar the appeals together, and for leave to reference the record for the appeal from the judgment dated April 2, 2008, in the briefs for the appeal from the judgment dated January 22, 2009.

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

ORDERED that the branch of the motion which is to calendar the appeals together is granted, and the appeals will be calendared together and will be argued and submitted on the same day; and it is further,

ORDERED that the branch of the motion which is for leave to reference the record for the appeal from the judgment dated April 2, 2008 (Appellate Division Docket No. 2008-04272), in the briefs for the appeal from the judgment dated January 22, 2009 (Appellate Division Docket No. 2009-02754) is granted, and the briefs for the appeal from the judgment dated January 22, 2009, may reference the record for the appeal from the judgment dated April 2, 2008, without the need for duplicating the documents in the record for the appeal from the judgment dated April 2, 2008, in the record for the appeal from the judgment dated January 22, 2009; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court