| Atlantic Development, LLC v Town/Village of Harrison |
| Motion No: 2009-01738 |
| Slip Opinion No: 2009 NY Slip Op 88037(U) |
| Decided on November 6, 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
M94125
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2009-01738, 2009-04682 Atlantic Development, LLC, et al., appellants, v Town/Village of Harrison, et al., defendants- respondents; Westchester Country Club, Inc., et al., intervenors-respondents. (Index No. 05-01810)
| DECISION & ORDER ON MOTION |
Motion by Westchester Country Club, Inc., and Harrison Rye Realty Corp., joined by other intervenors-respondents, to dismiss appeals from an order of the Supreme Court, Westchester County, dated January 12, 2008, and a judgment of the same court dated February 20, 2009, "for failure to timely perfect the [a]ppeal."
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 dismiss the appeal from the order dated January 12, 2008 (Appellate Division Docket No. 2009-01738), is denied as academic in light of the order on application of this court dated July 10, 2009, granting the appellants' application to withdraw that appeal; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the judgment dated February 20, 2009 (Appellate Division Docket No. 2009-04682), is denied.
RIVERA, J.P., DICKERSON, HALL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court