Matter of Concerned Citizens for the Hudson Valley v Town of Goshen
Motion No: 2018-02360
Slip Opinion No: 2018 NY Slip Op 66038(U)
Decided on March 6, 2018
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

M247161

E/rr

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-02360

In the Matter of Concerned Citizens for the

Hudson Valley, et al., appellants, v Town

of Goshen, et al., respondents.

(Index No. 9517/17)

DECISION & ORDER ON MOTION

Motion by the petitioners for leave to appeal to this Court from an order of the Supreme Court, Orange County, dated February 22, 2018, and to enjoin the respondent Merlin Entertainments Group US Holdings, Inc., from engaging in clear cutting activities at the project site that is the subject of the underlying CPLR article 78 proceeding, pending hearing and determination of the appeal.

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 for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

LEVENTHAL, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court