Matter of Hejna v Board of Appeals of Village of Amityville

Matter of Hejna v Board of Appeals of Village of Amityville

Motion No: 2011-08146

Slip Opinion No: 2012 NY Slip Op 87233(U)

Decided on October 15, 2012

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

M144937

E/sl

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2011-08146
In the Matter of Anjelika Hejna, et al., appellants,
v Board of Appeals of Village of Amityville, et al.,
respondents.
(Index No. 29063/07)
2011-08149
In the Matter of Anjelika Hejna, et al., appellants,
v Planning Board of Village of Amityville, et al.,
respondents.
(Index No. 214/09)

DECISION & ORDER ON MOTION

Separate motions by the respondent Jamm Holding, Inc., to dismiss appeals from two orders of the Supreme Court, Suffolk County, both dated June 6, 2011, on the ground that they have been rendered academic. Cross motion by the appellant for a preference in the calendaring of the appeals.

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

ORDERED that the motions are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the cross motion is denied.

ANGIOLILLO, J.P., BALKIN, LOTT and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court