| Matter of Sunrise Tuthill I, LLC v Zoning Board of Appeals of the Town |
| Motion No: 2019-07768 |
| Slip Opinion No: 2019 NY Slip Op 78110(U) |
| Decided on August 26, 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
M265439
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
|
2019-07768 In the Matter of Sunrise Tuthill I, LLC, petitioner- respondent, v Zoning Board of Appeals of the Town of East Hampton, appellant, et al., respondents. (Index No. 2649/19)
| DECISION & ORDER ON MOTION |
Motion by Zoning Board of Appeals of the Town of East Hampton for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated May 31, 2019, and to stay enforcement of the order, pending hearing and determination of the appeal. Separate motion by Sunrise Tuthill I, LLC, for leave to cross appeal from the order dated May 31, 2019, in the event that this Court grants Zoning Board of Appeals of the Town of East Hampton leave to appeal.
Upon the papers filed in support of the motions 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 on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order and the motion by Sunrise Tuthill I, LLC, are denied as academic.
BALKIN, J.P., LEVENTHAL, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court