Appellate Division: Second Judicial Department

M223480

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

JOHN M. LEVENTHAL

HECTOR D. LASALLE, JJ.

2016-11826 In the Matter of Village of South Blooming Grove, et al., appellants, v Village of Kiryas Joel Board of Trustees, et al., respondents. (Index No. 7410/15) (Matter No. 1) Preserve Hudson Valley, et al., appellants, v Town Board of Town of Monroe, et al., respondents. (Index No. 8118/15) (Matter No. 2)

DECISION & ORDER ON MOTION

Motion by the appellants in Matter No. 1 to stay certain real estate development pending hearing and determination of appeals from an order and judgment (one paper) of the Supreme Court, Orange County, dated October 11, 2016, for a preference in the calendaring of the appeals, and for an expedited briefing schedule. Separate motion by the appellants in Matter No. 2 to enjoin the adoption or implementation of certain land use ordinances, the approval of certain real estate development, and the development of certain real estate, pending hearing and determination of the appeals or determination of a related proceeding pending in this Court under Appellate Division Docket No. 2015-09553, for a preference in the calendaring of the appeals and, in effect, for leave to file a single joint record or joint appendix on the appeals. Separate motion by the appellants in Matter No. 1, inter alia, for leave to appeal to this Court from the order and judgment. Separate motion by the appellants in Matter No. 2, in effect, for leave to appeal to this Court from stated portions of the order and judgment. Separate motion by Village of Kiryas Joel Board of Trustees, Town Board of Town of Monroe, and the annexation territory property owners for leave to appeal to this Court from stated portions of the order and judgment.

Upon the papers filed in support of the motions and the papers filed in opposition and/or in relation thereto, it is

ORDERED that the motion by the appellants in Matter No. 1, inter alia, to stay certain real estate development is denied; and it is further,

ORDERED that the branches of the motion by the appellants in Matter No. 2 which are to enjoin the adoption or implementation of certain land use ordinances, the approval of certain real estate development, and the development of certain real estate, and for a preference in the calendaring of the appeals are denied; and it is further,

ORDERED that the branch of the motion by the appellants in Matter No. 2 which is, in effect, for leave to file a single joint record or joint appendix on the appeals is denied as unnecessary (see 22 NYCRR 670.8[c]); and it is further,

ORDERED that the branch of the motion by the appellants in Matter No. 1 which is for leave to appeal from the order and judgment is denied as unnecessary with respect to so much of the order and judgment as dismissed the claims of the appellants Black Rock Fish and Game Club of Cornwall, Village of Monroe, Village of Harriman, Town of Chester, Town of Cornwall, and Village of Cornwall-on-Hudson in Matter No. 1, and as dismissed "the remaining Claims for Relief" in Matter No. 1; and it is further,

ORDERED that the motion of the appellants in Matter No. 1, inter alia, for leave to appeal from the order and judgment is otherwise denied; and it is further,

ORDERED that the motion by the appellants in Matter No. 2, in effect, for leave to appeal to this Court from stated portions of the order and judgment is denied as unnecessary with respect to the appeal by Emily Convers from so much of the order and judgment as dismissed her claim, as that portion of the order is appealable as of right by that appellant, and with respect to the appeal from so much of the order and judgment as dismissed "the remaining Causes of Action" in Matter No. 2, as that portion of the order and judgment is appealable as of right by the appellants in Matter No. 2, and the motion is otherwise denied; and it is further,

ORDERED that the motion by the respondents is denied.

ENG, P.J., BALKIN, LEVENTHAL and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court