| 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 78218(U) |
| Decided on June 26, 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
M233479
E/sl
JOHN M. LEVENTHAL, J.P.
L. PRISCILLA HALL
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
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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 to recall and vacate a decision and order on motion of this Court dated June 6, 2017, which determined their prior motion, 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, and determined, without opposition, the petitioner-respondent's cross motion to dismiss the appeal on the ground that it has been rendered academic.
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 granted, the decision and order on motion of this Court dated June 6, 2017, is recalled and vacated, on or before July 5, 2017, the appellants may serve and file papers in opposition to the cross motion and in reply on the motion, and on or before July 12, 2017, the petitioner-respondent may serve and file papers in reply on the cross motion, if any.
LEVENTHAL, J.P., HALL, HINDS-RADIX and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court