Matter of Fagan v Planning Board of Incorporated Village of Southampto

Matter of Fagan v Planning Board of Incorporated Village of Southampto

Motion No: 2023-04783

Slip Opinion No: 2023 NY Slip Op 71229(U)

Decided on August 4, 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

M290354

AFA/

COLLEEN D. DUFFY, J.P.

VALERIE BRATHWAITE NELSON

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2023-04783
In the Matter of Paul I. Fagan, et al., appellants,
v Planning Board of Incorporated Village of
Southampton, et al., respondents.
(Index No. 202048/2022)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated May 22, 2023. Motion by the appellants for a preliminary injunction enjoining the respondents from taking certain actions, 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 papers filed in opposition thereto, it is

ORDERED that the motion is denied.

DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court