Matter of Concerned Citizens of Armonk v Town Board of T
Motion No: 2013-05460
Slip Opinion No: 2013 NY Slip Op 88025(U)
Decided on October 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M163623

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-05460

In the Matter of Concerned Citizens of

Armonk, et al., appellants, v Town Board of

Town of North Castle, et al., respondents.

(Index No. 12-4207)

DECISION & ORDER ON MOTION

Motion by the appellants to enjoin the respondents Armonk Shopping Center, Inc., G. B. Northeast 2, LLC, Werber Management, Inc., and Eden Enterprises, LLC, or anyone acting on their behalf from commencing or continuing, inter alia, any site preparation work at the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated April 4, 2013, for a preference in the calendaring of the appeal, and for an award of an attorney's fee and costs.

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

ORDERED that the motion is denied.

DILLON, J.P., SGROI, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court