| Matter of Marsh Sanctuary, Inc. v Town of Mount Kisco |
| Motion No: 2022-08572 |
| Slip Opinion No: 2024 NY Slip Op 71808(U) |
| Decided on July 31, 2024 |
| 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
M298177
KS/
BETSY BARROS, J.P.
FRANCESCA E. CONNOLLY
ROBERT J. MILLER
PAUL WOOTEN, JJ.
|
2022-08572 In the Matter of Marsh Sanctuary, Inc., et al., petitioners-respondents, v Town of Mount Kisco, et al., respondents-respondents, Douglas Hertz, appellant. (Index No. 59296/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated September 30, 2022, which was withdrawn by decision and order on application of this Court dated November 3, 2023. Motion by the petitioners-respondents to vacate a stay of enforcement of so much of the order and judgment as directed the respondents Town of Mount Kisco and Village of Mount Kisco to provide the petitioners with certain material, which was granted by decision and order on motion of this Court dated September 29, 2023, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied as unnecessary, as the appeal has been withdrawn.
BARROS, J.P., CONNOLLY, MILLER and WOOTEN, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court