| Matter of Stewart Park and Reserve Coalition, Inc. v Town of |
| Motion No: 2014-02632 |
| Slip Opinion No: 2014 NY Slip Op 78472(U) |
| Decided on July 22, 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. |
Appellate Division: Second Judicial Department
M177399
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
COLLEEN D. DUFFY, JJ.
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2014-02632, 2014-04096 In the Matter of Stewart Park and Reserve Coalition, Inc., appellant, v Town of New Windsor Zoning Board of Appeals, et al., respondents. (Index No. 7913/13)
| DECISION & ORDER ON MOTION |
Separate motions by the respondents Town of New Windsor Zoning Board of Appeals, Town of New Windsor, Town of New Windsor Town Board, Town of New Windsor Planning Board, Louis Krychear, and Jennifer Gallagher, and the respondent Jointa Lime Company to dismiss appeals from an order of the Supreme Court, Orange County, dated January 14, 2014, and a judgment of the same court dated March 4, 2014, on the ground that the appeals have been rendered academic, or to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated upon entry of the judgment. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branches of the motions which are to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated upon entry of the judgment are granted and the appeal from the order (Appellate Division Docket No. 2014-02632) is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241, 242); and it is further,
ORDERED that the branches of the motions which are to dismiss the appeal from the order on the ground that the appeal from the order has been rendered academic and the application are denied as academic; and it is further,
ORDERED that the branches of the motions which are to dismiss the appeal from the judgment on the ground that the appeal from the judgment has been rendered academic are held in abeyance and referred to the panel of Justices hearing that appeal for determination upon the argument or submission thereof.
RIVERA, J.P., DICKERSON, CHAMBERS and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court