Matter of 175 Mohawk Avenue, LLC v Town of Southampton Zoning Board
Motion No: 2021-08964
Slip Opinion No: 2022 NY Slip Op 73843(U)
Decided on October 31, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M285671

AFA/

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2021-08964

In the Matter of 175 Mohawk Avenue, LLC,

et al., appellants, v Town of Southampton

Zoning Board of Appeals, et al., respondents.

(Index No. 602899/2021)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated November 19, 2021. Motion by the respondent River Rock Structured Capital, LLC to dismiss the appeal on the ground that it has been rendered academic. Cross motion by the appellants to strike stated portions of the respondents' brief.

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 cross motion are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

RIVERA, J.P., MALTESE, FORD and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court