Matter of Wassaic Watershed and Viewshed Protection Project v Town of
Motion No: 2016-07038
Slip Opinion No: 2017 NY Slip Op 65091(U)
Decided on February 23, 2017
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

M226479

E/sl

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-07038

In the Matter of Wassaic Watershed and

Viewshed Protection Project, etc., et al.,

appellants, v Town of Amenia Town

Board, et al., respondents.

(Index No. 52164/15)

DECISION & ORDER ON MOTION

Separate motions by the respondents to dismiss an appeal from a judgment of the Supreme Court, Dutchess County, dated June 17, 2016, on the ground that the appeal has been rendered academic or is barred by the doctrine of laches.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the motions are denied as academic.

LEVENTHAL, J.P., SGROI, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court