| Matter of Yorktown Smart Growth v The Town of Yorktown |
| Motion No: 2017-01971 |
| Slip Opinion No: 2017 NY Slip Op 73034(U) |
| Decided on May 8, 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. |
Appellate Division: Second Judicial Department
M230653
E/sl
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2017-01971, 2017-02861 In the Matter of Yorktown Smart Growth, et al., appellants, v The Town of Yorktown, et al., responde (Index No. 1880/15)
| DECISION & ORDER ON MOTION nts. |
Motion by the appellants to enjoin the construction of a gasoline fueling facility, pending hearing and determination of appeals from an order of the Supreme Court, Westchester County, dated January 9, 2017, and a judgment of the same court dated February 6, 2017, and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enjoin the construction of the gasoline fueling facility is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic, as the appeals have been perfected on a consolidated appendix.
BALKIN, J.P., CHAMBERS, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court