| Matter of New York & Atlantic Railway Company v Town of Babylon |
| Motion No: 2016-02508 |
| Slip Opinion No: 2017 NY Slip Op 83299(U) |
| Decided on August 18, 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
M236283
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2016-02508 In the Matter of New York & Atlantic Railway Company, et al., petitioners-respondents, v Town of Babylon, et al., respondents, Pinelawn Cemetery, appellant.
(Index No. 692/10)
| DECISION & ORDER ON MOTION |
Motion by the petitioners-respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated September 15, 2015, on the grounds that it has been rendered academic and the appellant is not aggrieved.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
RIVERA, J.P., CHAMBERS, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court