| Matter of Village of Greenport v Town of Southold |
| Motion No: 2005-11702 |
| Slip Opinion No: 2013 NY Slip Op 61941(U) |
| Decided on January 17, 2013 |
| 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
M149871
E/ct
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2005-11702 In the Matter of Village of Greenport, et al., petitioners, v Town of Southold, et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the respondent New York State Department of Environmental Conservation to dismiss the third and fifth causes of action of a petition in a hybrid proceeding pursuant to General Municipal Law article 17, CPLR article 78, and an action pursuant to CPLR 3001. Motion by the petitioner Village of Greenport to withdraw the proceeding/action.
Upon the papers filed in support of the motion by the respondent New York State Department of Environmental Conservation and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the petitioner Village of Greenport and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion by the petitioner Village of Greenport is granted and the proceeding/action is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion by the respondent New York State Department of Environmental Conservation is denied as academic.
ENG, P.J., MASTRO, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court