| Matter of Land Master Montg I, LLC v Town of Montgomery |
| Motion No: 2007-03940 |
| Slip Opinion No: 2009 NY Slip Op 86863(U) |
| Decided on October 23, 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
M93601
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
THOMAS A. DICKERSON
JOHN M. LEVENTHAL, JJ.
|
2007-03940 In the Matter of Land Master Montg I, LLC, et al., respondents, v Town of Montgomery, et al., appellants. (Proceeding No. 1)
(Index No. 04-8125) In the Matter of Roswind Farmland Corp., et al., respondents, v Town of Montgomery, et al., appellants. (Proceeding No. 2) (Index No. 04-81264)
| DECISION & ORDER ON MOTION |
Motion by the respondents for an award of an attorney's fee on an appeal from a judgment of the Supreme Court, Orange County, dated May 15, 2007, which was determined by decision and order of this court dated August 19, 2008. By decision and order of this court dated May 22, 2009, the motion was held in abeyance and referred to the panel of Justices hearing an appeal from an order of the same court dated December 12, 2008 (Appellate Division Docket No. 2009-02211), for determination upon the argument or submission thereof. By decision and order on motion dated October 23, 2009, the appeals were dismissed for failure to perfect.
Now, on the court's own motion, it is
ORDERED that the motion is denied in light of the dismissal of the appeals.
PRUDENTI, P.J., MASTRO, DICKERSON and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court