| Matter of Land Master Montg I, LLC v Town of Montgomery |
| Motion No: 2007-03940 |
| Slip Opinion No: 2009 NY Slip Op 92627(U) |
| Decided on December 29, 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
M96553
S/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
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 |
On the court's own motion, it is
ORDERED that its decision and order on motion dated May 22, 2009, as amended May 27, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
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.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the motion is denied in light of the pending appeals from an order of the Supreme Court, Orange County, dated May 20, 2009, and a judgment of the same court entered June 9, 2009, pending under Appellate Division Docket Nos. 2009-05891 and 2009-06334, respectively.
MASTRO, J.P., RIVERA, DICKERSON and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court