| Matter of Fitzpatrick v Planning Board of Town of Ossinin |
| Motion No: 2021-06689 |
| Slip Opinion No: 2023 NY Slip Op 76230(U) |
| Decided on November 3, 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. |
Appellate Division: Second Judicial Department
M292026
AFA/
FRANCESCA E. CONNOLLY, J.P.
ROBERT J. MILLER
LARA J. GENOVESI
DEBORAH A. DOWLING, JJ.
|
2021-06689 In the Matter of Desmond Fitzpatrick, etc., appellant, v Planning Board of Town of Ossining, et al., respondents-respondents, et al., respondents. (Index No. 58805/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated August 31, 2021. Motion by the respondents to dismiss the appeal on the ground that the proceeding is barred by the statute of limitations. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
CONNOLLY, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court