| Matter of Amper v Town of Southampton Planning Board |
| Motion No: 2023-01974 |
| Slip Opinion No: 2025 NY Slip Op 76026(U) |
| Decided on September 10, 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
M307792
AFA
LARA J. GENOVESI, J.P.
VALERIE BRATHWAITE NELSON
DEBORAH A. DOWLING
PHILLIP HOM, JJ.
|
2023-01974 In the Matter of Richard Amper, et al., appellants, v Town of Southampton Planning Board, et al., respondents. (Index No. 600583/2023)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated February 22, 2023. Motion by the respondents to dismiss the appeal on the ground that it has been rendered academic. Cross-motion by the appellants, inter alia, to enjoin the respondents from performing certain construction work at the subject premises, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the cross-motion and the papers filed in opposition thereto, it is
ORDERED that the motion is 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 cross-motion is denied.
GENOVESI, J.P., BRATHWAITE NELSON, DOWLING and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court