| Mensch v Planning Board of the Village of Warwick |
| Motion No: 2018-12524 |
| Slip Opinion No: 2019 NY Slip Op 70824(U) |
| Decided on May 20, 2019 |
| 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
M262848
E/mm
LEONARD B. AUSTIN, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2018-12524 Linda Mensch, et al., appellants, v Planning Board of the Village of Warwick, et al., respondents. (Index No. 2552/18)
| DECISION & ORDER ON MOTION |
Motion by the respondent 16 Elm Street Realty, LLC, to dismiss an appeal from an order of the Supreme Court, Orange County, dated August 6, 2018, on the ground that this Court does not have jurisdiction over certain parties, to strike stated portions of the appellants' brief on the ground that they raise issues which have been rendered academic, for an award of costs and an attorney's fee, and for a preference in the calendaring of 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.
AUSTIN, J.P., LEVENTHAL, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court