| Zutt v State of New York |
| Motion No: 2009-10586 |
| Slip Opinion No: 2010 NY Slip Op 77589(U) |
| Decided on July 22, 2010 |
| 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
M106012
E/ct
MARK C. DILLON, J.P.
ANITA R. FLORIO
HOWARD MILLER
ARIEL E. BELEN, JJ.
|
2009-10586, 2010-04965 William A. Zutt, et al., respondents, v State of New York, appellant. (Matter No. 1) (Index No. 2684-06) In the Matter of William A. Zutt, et al, petitioners, v State of New York, respondent. (Matter No. 2)
| DECISION & ORDER ON MOTION |
Motion by William A. Zutt and Diane E. Zutt, on an appeal from an order of the Supreme Court, Putnam County, dated October 15, 2009 (Appellate Division Docket No. 2009-10586), and in a proceeding pursuant to EDPL 207 (Appellate Division Docket No. 2010-04965), to stay the State of New York from seeking to acquire any drainage easement or other property rights to the subject property by condemnation pending hearing and determination of the appeal and proceeding. Separate motion by the State of New York to dismiss the proceeding on the ground that no proceeding lies pursuant to EDPL 207.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion by the State of New York to dismiss the proceeding pursuant to EDPL 207 is granted and the proceeding is dismissed, without costs or disbursements, without prejudice to commencing a proceeding pursuant to CPLR article 78 in the Supreme Court, Putnam County; and it is further,
ORDERED that the branch of the motion by William A. Zutt and Diane E. Zutt to stay the State of New York from seeking to acquire any drainage easement or other property rights to the subject property by condemnation pending hearing and determination of the proceeding is denied as academic; and it is further,
ORDERED that the branch of the motion by William A. Zutt and Diane E. Zutt to stay the State of New York from seeking to acquire any drainage easement or other property rights to the subject property by condemnation pending hearing and determination of the appeal is denied.
DILLON, J.P., FLORIO, MILLER and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court