| Matter of Town of Mt. Pleasant v Delaney |
| Motion No: 2015-04429 |
| Slip Opinion No: 2016 NY Slip Op 95812(U) |
| Decided on December 30, 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
M223747
J/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
SANDRA L. SGROI
HECTOR D. LASALLE, JJ.
|
2015-04429 In the Matter of Town of Mt. Pleasant, petitioner, v Colleen Delaney, etc., et al., respondents. (Index No. 3217/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent Ferncliff Manor, Inc., inter alia, to dismiss a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Westchester County, entered December 5, 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 branch of the motion which is to dismiss the proceeding is held in abeyance and is referred to the panel of Justices hearing the proceeding for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., CHAMBERS, SGROI and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court