Matter of Vil. of Chestnut Ridge v Town of Ramapo

Matter of Vil. of Chestnut Ridge v Town of Ramapo
Motion No: 2010-689
Slip Opinion No: 2010 NY Slip Op 81222
Decided on September 02, 2010
Court of Appeals Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and subject to revision before publication in the Official Reports.



In the Matter of Village of Chestnut Ridge, et al.,

Respondents,

et al.,

Petitioners,


v

Town of Ramapo, et al.,

Appellants,

Scenic Development, LLC,

Respondent.

Motion for leave to appeal dismissed upon the ground that it does not lie, movants previously having moved for leave to appeal to the Court of Appeals from the August 2007 Appellate Division order from which leave to appeal is currently sought (12 NY3d 793 [2009]). Moreover, no motion for leave to appeal would lie to this Court from the March 2010 Supreme Court judgment to bring up for review the August 2007 Appellate Division order as movants have appealed that judgment to the Appellate Division and simultaneous appeals do not lie to both the Appellate Division and the Court of Appeals (seeParker v Rogerson, 35 NY2d 751, 753 [1974]).