Appellate Division: Second Judicial Department

M284663

AFA/

ROBERT J. MILLER, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

HELEN VOUTSINAS, JJ.

2020-03115, 2020-06909 In the Matter of Bruce J. Ressler, et al., appellants, v New York State Department of Environmental Conservation, et al., respondents. (Index No. 3668/2019)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Suffolk County, dated January 29, 2020, and August 25, 2020, respectively. Motion by the respondent New York State Department of Environmental Conservation to dismiss the appeals. Motion by the respondent Village People, LLC, to dismiss the appeals, for an award of costs and to impose sanctions on the appellants.

Upon the papers filed in support of the motion by the respondent New York State Department of Environmental Conservation and that the papers filed in opposition thereto, and upon the papers filed in support of the motion by the respondent Village People, LLC, and the papers filed in opposition thereto, it is

ORDERED that the motion by the respondent New York State Department of Environmental Conservation and the branch of the motion by the respondent Village People, LLC, which is to dismiss the appeals are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion by the respondent Village People, LLC, which is for an award of costs and to impose sanctions upon the appellants is denied.

MILLER, J.P., CHRISTOPHER, WOOTEN and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court