| Matter of Ross v Town of Greenburgh |
| Motion No: 2013-00351 |
| Slip Opinion No: 2013 NY Slip Op 70005(U) |
| Decided on April 10, 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
M153580
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
|
2013-00351 In the Matter of Andrew Ross, et al., appellants- respondents, v Town of Greenburgh, et al., respondents-appellants, S & R Development Estates, LLC, respondent. (Index No. 12-3043)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants, inter alia, to stay enforcement of an order and judgment (one paper) of the Supreme Court, Westchester County, entered November 26, 2012, and to enjoin the respondent from pursuing any application for development of the subject premises, pending hearing and determination of an appeal and cross appeal from the order and judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the cross appeal is dismissed, without costs or disbursements, on the ground that the respondents-appellants are not aggrieved by the order and judgment cross-appealed from (see CPLR 5511); and it is further,
ORDERED that the motion is denied.
RIVERA, J.P., DICKERSON, LEVENTHAL and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court