Appellate Division: Second Judicial Department

M152821

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RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-05556 In the Matter of Village of Chester, petitioner, BT Holdings, LLC, intervenor-petitioner, v Town Board of Town of Chester, et al., respondents.

ORDER OF REFERENCE

Proceeding pursuant to General Municipal Law article 17, in effect, to set aside a resolution of the Town Board of the Town of Chester, adopted May 9, 2012, which denied the applications of the Village of Chester and BT Holdings, LLC, for annexation of certain real property to the Village of Chester, and to determine whether the annexation proposed in the petition is in the overall public interest.

Upon the petitions and the papers filed in support thereof, and upon the answers to the petitions, it is

ORDERED that pursuant to General Municipal Law § 712(6), the following three persons are designated as referees to hear and to report to this Court, in conformity with General Municipal Law § 712(9), on the issue of whether the proposed annexation by the Village of Chester of certain property in the Town of Chester is in the overall public interest:

Honorable Arthur J. Cooperman

Honorable George Marlow

Honorable Howard Miller

and it is further,

ORDERED that the proceeding is held in abeyance, pending the receipt by this Court of the report by the referees, which shall be made and filed by them with all convenient speed.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court