Matter of Bruenn v Town Board of Town of Kent
Motion No: 2014-07666
Slip Opinion No: 2015 NY Slip Op 84412(U)
Decided on September 14, 2015
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

M197895

E/htr

JOHN M. LEVENTHAL, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2014-07666

In the Matter of Peter Bruenn, et al., appellants,

v Town Board of Town of Kent, et al., respondents.

(Index No. 1023/13)

DECISION & ORDER ON MOTION

Motion by the respondent Homeland Towers, LLC, to dismiss an appeal from a judgment of the Supreme Court, Putnam County, dated June 13, 2014, on the ground that it has been rendered academic.

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

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file their briefs is enlarged until October 16, 2015, and the respondents' briefs, if any, must be served on or before that date.

LEVENTHAL, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court