Matter of Greens at Washingtonville, Ltd. v Town of Bloomi
Motion No: 2011-03688
Slip Opinion No: 2011 NY Slip Op 92852(U)
Decided on December 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M129452

E/sl

WILLIAM F. MASTRO, A.P.J.

L. PRISCILLA HALL

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2011-03688

In the Matter of Greens at Washingtonville,

Ltd., appellant, v Town of Blooming Grove,

respondent.

(Index No. 10-7377)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to dismiss an appeal from an order of the Supreme Court, Orange County, dated February 4, 2011, on the ground that it has been rendered academic, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until January 13, 2012, and the respondent's brief must be served and filed on or before that date.

MASTRO, A.P.J., HALL, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court