Matter of Leonard v Planning Board of the Town of Unionval
Motion No: 2013-04268
Slip Opinion No: 2014 NY Slip Op 60997(U)
Decided on January 15, 2014
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

M167660

E/nl

REINALDO E. RIVERA, J.P.

PLUMMER E. LOTT

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-04268

In the Matter of E. Deane Leonard, et al.,

respondents, v Planning Board of the Town

of Unionvale, appellant.

(Index No. 2621/12)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Dutchess County, dated March 12, 2013, on the ground that the appellant lacks capacity to prosecute the appeal.

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

ORDERED that the motion is denied.

RIVERA, J.P., LOTT, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court