Appellate Division: Second Judicial Department

M181476

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2014-05013 In the Matter of Jeffrey Sherwin, appellant, v Village of Goshen Zoning Board of Appeals, et al., respondents. (Index No. 419/04)

DECISION & ORDER ON MOTION

Motion by the respondents Village of Goshen Zoning Board of Appeals and Building Inspector of Village of Goshen to dismiss an appeal from an order of the Supreme Court, Orange County, dated May 5, 2014, on the ground that it has been rendered academic or on the ground of laches. Separate motion by the respondent C.H. Development Corp. to dismiss the appeal on the ground that it has been rendered academic, to preclude the appellant from commencing further actions or proceedings against it, and to impose a sanction upon the appellant.

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

ORDERED that on the Court's own motion, the appeal from the order dated May 5, 2014, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court dated June 30, 2014, in the above-entitled proceeding (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion by the respondent C.H. Development Corp. which is to preclude the appellant from commencing further actions or proceedings against it is denied without prejudice to seeking relief in the Supreme Court, Orange County; and it is further,

ORDERED that the branches of the motion by the respondent C.H. Development Corp., and the motion by the respondents Village of Goshen Zoning Board of Appeals and Building Inspector of Village of Goshen which are to dismiss the appeal on the ground that it has been rendered academic are denied.

SKELOS, J.P., DICKERSON, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court