Matter of Amper v Town of Southampton Planning Board

Matter of Amper v Town of Southampton Planning Board

Motion No: 2023-01974

Slip Opinion No: 2023 NY Slip Op 79617(U)

Decided on December 29, 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

M292314

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2023-01974
In the Matter of Richard Amper, et al.,
appellants-respondents, v Town of
Southampton Planning Board, et al.,
respondents, DLV Quogue Owner, LLC,
et al., respondents-appellants.
(Index No. 600583/2023)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Suffolk County, dated February 22, 2023. Motion by the appellants-respondents for a preliminary injunction enjoining the respondents-appellants from taking certain actions, pending hearing and determination of the appeal and cross-appeal.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion is denied.

CONNOLLY, J.P., MALTESE, WOOTEN and DOWLING, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court