Matter of Thiele v Town of Southampton Zoning Board of Appeals
Motion No: 2021-08980
Slip Opinion No: 2025 NY Slip Op 76035(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M307791

AFA

LARA J. GENOVESI, J.P.

VALERIE BRATHWAITE NELSON

DEBORAH A. DOWLING

PHILLIP HOM, JJ.

2021-08980

In the Matter of Fred W. Thiele, Jr., petitioner,

Richard Amper, etc., et al., appellants,

v Town of Southampton Zoning Board of

Appeals, et al., respondents.

(Index No. 6685/2018)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated November 4, 2021. 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 cross-motion and the papers filed in opposition and in relation 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