Matter of Yorktown Smart Growth v The Town of Yorktown
Motion No: 2017-01971
Slip Opinion No: 2017 NY Slip Op 76094(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M232416

E/sl

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2017-01971, 2017-02861

In the Matter of Yorktown Smart Growth,

et al., appellants, v The Town of Yorktown,

et al., respondents.

(Index No. 1880/15)

DECISION & ORDER ON MOTION

Motion by the respondents UB Yorktown, LLC, Realty Income Pennsylvania Properties Trust 2, and BJ's Wholesale Club, Inc., for a preference in the calendaring 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.

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

ORDERED that the motion is denied.

LEVENTHAL, J.P., HALL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court