| Matter of Village of Port Chester, New York v Delaney |
| Motion No: 2016-02957 |
| Slip Opinion No: 2016 NY Slip Op 91975(U) |
| Decided on November 18, 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
M221670
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2016-02957 In the Matter of Village of Port Chester, New York, petitioner, v Kerry A. Delaney, et al., respondents. (Index No. 3643/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent Ability Beyond Disability for a preference in the calendaring of a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order of the Supreme Court, Westchester County, dated March 10, 2016. Cross motion by the petitioner to strike the motion or, in the alternative, stated portions of the affirmation and affidavit filed in support of the motion, and for an award of an attorney's fee and costs.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are denied.
DILLON, J.P., DICKERSON, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court