Tilcon New York, Inc. v Town of New Windsor
Motion No: 2016-10289
Slip Opinion No: 2016 NY Slip Op 88445(U)
Decided on October 14, 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

M219725

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2016-10289

Tilcon New York, Inc., appellant,

v Town of New Windsor, et al., respondents.

(Index No. 2965/16)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the respondent Town of New Windsor from entering into any lease with the respondent Jointa Lime Company and to stay the issuance of any permit authorizing the operation of an asphalt plant at the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated September 9, 2016.

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

ORDERED that the motion is denied.

BALKIN, J.P., HALL, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court