Matter of Hedges Inn, LLC v Zoning Board of Appeals of Village of East
Motion No: 2021-01454
Slip Opinion No: 2023 NY Slip Op 63655(U)
Decided on March 20, 2023
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

M287947

AFA

VALERIE BRATHWAITE NELSON, J.P.

LARA J. GENOVESI

BARRY E. WARHIT

LILLIAN WAN, JJ.

2021-01454

In the Matter of Hedges Inn, LLC, et al.,

petitioners-respondents, v Zoning Board of

Appeals of Village of East Hampton, et al.,

respondents-respondents; Peter Handal, et al.,

intervenors-appellants.

(Index No. 201/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated January 6, 2021.

Motion by the respondents-respondents to dismiss the appeal on the ground that it has been rendered academic. By order to show cause dated August 19, 2022, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that the appellants are not aggrieved by the order dated January 6, 2021 (see CPLR 5511), and the respondents-respondents' motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motions to dismiss the appeal are granted, and the appeal is dismissed, without costs or disbursements.

BRATHWAITE NELSON, J.P., GENOVESI, WARHIT and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court