| Matter of Sherman v Planning Board of Village of Sca |
| Motion No: 2009-10419 |
| Slip Opinion No: 2010 NY Slip Op 77670(U) |
| Decided on July 23, 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
M106042
E/ct
MARK C. DILLON, J.P.
ANITA R. FLORIO
HOWARD MILLER
ARIEL E. BELEN, JJ.
|
2009-10419 In the Matter of Peter Sherman, et al., appellants, v Planning Board of Village of Scarsdale, et al., respondents. (Index No. 09-14255)
| DECISION & ORDER ON MOTION |
Motion by the respondents Moshe Gelboim and Ellen Gelboim to dismiss an appeal from an order of the Supreme Court, Westchester County, dated October 13, 2009, on the ground that it has been rendered academic or on the ground of laches.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
DILLON, J.P., FLORIO, MILLER and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court