Matter of Board of Fire Commissioners of Fairview Fire Distr

Matter of Board of Fire Commissioners of Fairview Fire Distr

Motion No: 2015-07114

Slip Opinion No: 2016 NY Slip Op 63025(U)

Decided on February 2, 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M205793

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX, JJ.

2015-07114
In the Matter of Board of Fire Commissioners
of Fairview Fire District, etc., appellant,
v Town of Poughkeepsie Planning Board,
et al., respondents.
(Index No. 4353/14)

DECISION & ORDER ON MOTION

Motion by the respondent Page Park Associates, LLC, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Dutchess County, dated April 17, 2015, on the ground that it has been rendered academic or is barred by the doctrine of laches.

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 denied.

ENG, P.J., RIVERA, HALL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court