| Matter of Crown Castle NG East, LLC v City of Rye |
| Motion No: 2018-11117 |
| Slip Opinion No: 2020 NY Slip Op 60868(U) |
| Decided on January 15, 2020 |
| 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
M268929
kbp/
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
BETSY BARROS
ANGELA G. IANNACCI, JJ.
|
2018-11117 In the Matter of Crown Castle NG East, LLC, appellant, v City of Rye, et al., respondents. (Index No. 50310/18)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Westchester County, dated August 20, 2018, on the ground that the appellant has failed to file a certification of authority to do business in New York, or, in the alternative, to strike stated portions of the appellant's brief on the ground that it improperly raises issues for the first time on appeal.
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 appeals for determination upon the argument or submission thereof.
BALKIN, J.P., COHEN, BARROS and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court