| Matter of Berchielli v Town of New Windsor |
| Motion No: 2010-12123 |
| Slip Opinion No: 2011 NY Slip Op 88760(U) |
| Decided on November 2, 2011 |
| 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
M128337
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
SHERI S. ROMAN, JJ.
|
2010-12123 In the Matter of Matthew Berchielli, et al., appellants, v Town of New Windsor, et al., respondents. (Index No. 10-7823)
| DECISION & ORDER ON MOTION |
Separate motions by the respondents Town of New Windsor and Town of New Windsor Planning Board, and the respondent Beaver Dam Lake Corp., to dismiss an appeal from a judgment of the Supreme Court, Orange County, dated November 10, 2010, on the ground that it has been rendered academic. Application by the respondent Beaver Dam Lake Corp. pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motions and the application, and the papers filed in opposition thereto, it is
ORDERED that the motions are granted and the appeal is dismissed, without costs or disbursements (see Matter of Citineighbors Coalition of Historic Carnegie Hill v New York City Landmarks Preservation Commission, 2 NY3d 727); and it is further,
ORDERED that the application is denied as academic.
RIVERA, J.P., DICKERSON, ENG and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court