Appellate Division: Second Judicial Department

M277134

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

BETSY BARROS

PAUL WOOTEN, JJ.

2020-09024 In the Matter of Hudson Ridge Wellness Center, Inc., et al., petitioners-respondents, v Zoning Board of Appeals of the Town of Cortlandt, respondent- respondent, Citizens for Responsible Hudson Institute Site Development, Inc., nonparty-appellant. (Index No. 1167/2020)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated September 24, 2020. Motion by the petitioners-respondents for leave to reargue and renew the prior branches of their motion which were to dismiss the appeal on the grounds that the appellant is not aggrieved by the order and judgment, and the appeal has been rendered academic. The branch of the motion which was to dismiss the appeal on the ground that the appellant is not aggrieved by the order and judgment was denied, and the branch of the motion which was to dismiss the appeal on the ground that the appeal has been rendered academic was held in abeyance, by a decision and order on motion of this Court dated March 17, 2021. Cross motion by the appellant to stay the petitioners-respondents from further processing the subject land use applications, pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal.

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

ORDERED that the motion and the cross motion are denied.

DILLON, J.P., AUSTIN, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court