| Matter of Viserta v Town of Wawayanda Planning Board |
| Motion No: 2015-10722 |
| Slip Opinion No: 2016 NY Slip Op 62590(U) |
| Decided on January 28, 2016 |
| 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
M205652
E/sl
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2015-10722 In the Matter of Jeanne Viserta, et al., appellants, v Town of Wawayanda Planning Board, et al., respondents. (Index No. 3947/15)
| DECISION & ORDER ON MOTION |
Motion by the appellants for a preference in the calendaring of an appeal from a judgment of the Supreme Court, Orange County, dated September 3, 2015. Application by the respondent Town of Wawayanda Planning Board to dismiss the appeal on the ground that it has been rendered academic.
Upon the papers filed in support of the motion 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 motion is denied; and it is further,
ORDERED that the application is denied without prejudice to making a motion for the relief sought.
BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court