| Matter of Council of Greenburgh Civic Associations v Town Board of the |
| Motion No: 2019-02895 |
| Slip Opinion No: 2020 NY Slip Op 61649(U) |
| Decided on January 28, 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
M269121
kbp/
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
FRANCESCA E. CONNOLLY, JJ.
|
2019-02895 In the Matter of Council of Greenburgh Civic Associations, et al., appellants, v Town Board of the Town of Greenburgh, et al., respondents. (Index No. 53481/18)
| DECISION & ORDER ON MOTION |
2019-02945
In the Matter of Greenville Fire District, et al.,
appellants, v Town Board of the Town of
Greenburgh, et al., respondents.
(Index No. 54656/18)
Motion by the appellants on an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated February 5, 2019, under Index No. 53481/18 (Appellate Division Docket No. 2019-02895), and separate motion by the appellants on an appeal from an order and judgment (one paper) of the same court also dated February 5, 2019, under Index No. 54656/18 (Appellate Division Docket No. 2019-02945), to consolidate the appeals and to extend the time to perfect the appeals. Separate motion by the appellants under Appellate Division Docket No. 2019-02895 to enjoin the respondents from taking any action to construct the subject assisted living facility, pending hearing and determination of the appeal from the order and judgment in that action. Separate motion by the appellants under Appellate Division Docket No. 2019-02945 to enjoin the respondents from taking any action to construct the subject assisted living facility, pending hearing and determination of the appeal from the order and judgment in that action.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branches of the motions which are to consolidate the appeals are denied; and it is further,
ORDERED that the branches of the motions which are to extend the time to perfect the appeals are granted, and the time to perfect the appeals is extended until March 30, 2020; and it is further,
ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,
ORDERED that the motions to enjoin the respondents from taking any action to construct the subject assisted living facility are denied.
BALKIN, J.P., LEVENTHAL, ROMAN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court