| Matter of 55 Wainscott Hollow, LLC v Planning Board of Town of East Ha |
| Motion No: 2016-12023 |
| Slip Opinion No: 2017 NY Slip Op 76081(U) |
| Decided on June 6, 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
M232410
E/sl
JOHN M. LEVENTHAL, J.P.
L. PRISCILLA HALL
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
|
2016-12023 In the Matter of 55 Wainscott Hollow, LLC, petitioner-respondent, v Planning Board of Town of East Hampton, respondent-respondent, Alan Cohen, et al., appellants. (Index No. 10237/15)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to enjoin the petitioner-respondent from performing construction at the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated June 20, 2016. Cross motion by the petitioner-respondent to dismiss the appeal on the ground that it has been rendered academic.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition to the motion and no papers having been filed in opposition or in relation to the cross motion, it is
ORDERED that the cross motion is granted and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
LEVENTHAL, J.P., HALL, HINDS-RADIX and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court