Matter of Miller v Town of Rhinebeck
Motion No: 2018-03906
Slip Opinion No: 2018 NY Slip Op 71316(U)
Decided on May 3, 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

M249621

E/afa

RUTH C. BALKIN, J.P.

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2018-03906

In the Matter of Amanda Miller, et al., appellants,

v Town of Rhinebeck, et al., respondents.

(Index No. 2224/17)

DECISION & ORDER ON MOTION

Motion by the appellants to enjoin the respondents from granting final approval to any solar power plant in the subject municipality, pending hearing and determination of an appeal from an order and judgment (one paper) of the Supreme Court, Ductchess County, dated February 20, 2018, and for a preference in the calendaring the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

BALKIN, J.P., MILLER, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court