| Matter of Sustainable Port Chester Alliance v Village of Port Chester |
| Motion No: 2021-02268 |
| Slip Opinion No: 2022 NY Slip Op 66425(U) |
| Decided on May 25, 2022 |
| 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
M283138
MB/
COLLEEN D. DUFFY, J.P.
ANGELA G. IANNACCI
ROBERT J. MILLER
JOSEPH A. ZAYAS, JJ.
|
2021-02268 In the Matter of Sustainable Port Chester Alliance, et al., appellants, v Village of Port Chester, New York, respondent. (Index No. 60570/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated March 8, 2021. Motion by the respondent to strike stated portions of the appellants' brief on the ground that they improperly raise arguments for the first time on appeal and for an award of costs.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike stated portions of the appellants' brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is for an award of costs is denied.
DUFFY, J.P., IANNACCI, MILLER and ZAYAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court