| Matter of Kopald v Village of Highland Falls, New York, Village Board |
| Motion No: 2022-00488 |
| Slip Opinion No: 2025 NY Slip Op 67011(U) |
| Decided on April 18, 2025 |
| 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
M304455
AFA/
MARK C. DILLON, J.P.
WILLIAM G. FORD
DEBORAH A. DOWLING
JANICE A. TAYLOR, JJ.
|
2022-00488 In the Matter of Deborah Kopald, appellant, v Village of Highland Falls, New York, Village Board, et al., respondents. (Index No. 6499/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Orange County, entered January 24, 2022. Motion by the appellant for leave to reargue her prior motion to
stay enforcement of so much of the order and judgment as permits the respondents to construct cell towers, transmitters, or any other wireless or telecommunications technology pursuant to resolutions adopted by the respondent Village of Highland Falls, New York, Village Board on August 16, 2021, and to enjoin the respondents from performing all construction and related work pursuant to the resolutions, which was determined by decision and order on motion of this Court dated August 12, 2022. Motion by the respondent Verizon Wireless of the East LP to dismiss the appeal on the ground that it has been rendered academic. Motion by the respondent Village of Highland Falls, New York, Village Board to dismiss the appeal on the ground that it has been rendered academic. Separate motion by the respondent Village of Highland Falls, New York, Village Board to correct a paragraph in its attorney affirmation support of its motion to dismiss. Separate motion by the appellant, inter alia, to declare that the motions by the respondents to dismiss the appeal are frivolous. Separate motion by the respondent Verizon Wireless of the East LP to strike certain paragraphs of the appellant's affidavit in opposition to its motion to dismiss.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions by the respondents to dismiss the appeal are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motions are otherwise denied.
DILLON, J.P., FORD, DOWLING and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court