Matter of Wahlberg v City of Poughkeepsie
Motion No: 2023-11419
Slip Opinion No: 2025 NY Slip Op 79211(U)
Decided on October 27, 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

M308877

AFA/

LARA J. GENOVESI, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

DONNA-MARIE E. GOLIA, JJ.

2023-11419, 2024-03527, 2024-03529,

2024-03530, 2024-03568

In the Matter of Holly Wahlberg, et al.,

petitioners-appellants-respondents,

v City of Poughkeepsie, et al.,

respondents-appellants; Geoffrey Meyer,

et al., nonparties-appellants-respondents.

(Index No. 53409/2023)

DECISION & ORDER ON MOTION

Appeals and cross-appeals from four orders of the Supreme Court, Dutchess County, dated October 25, 2023, March 22, 2024, February 20, 2024, and January 16, 2024, respectively, and a judgment of the same court dated April 12, 2024. Motion by the appellants-respondents for a preference in the calendaring of the appeals and cross-appeals. Separate motion by the appellants-respondents, in effect, to stay certain construction, pending hearing and determination of the appeals and cross-appeals. Motion by National Trust for Historic Preservation in the United States and Preservation League of New York State for leave to file an amici curiae brief.

Upon the papers filed in support of the motions by the appellants-respondents and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the proposed amici curiae and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion for a preference in the calendaring of the appeal and cross-appeals is denied; and it is further,

ORDERED that the motion, in effect, to stay certain construction, pending hearing and determination of the appeals and cross-appeals, is denied; and it is further,

ORDERED that the motion for leave to file an amici curiae brief is granted, the amici curiae shall serve and file their brief on the parties, via NYSCEF on or before November 26, 2025, and, if so advised, the parties may file reply briefs to the amici curiae brief within 10 days after the amici curiae brief is served; no oral argument by the amici curiae shall be permitted.

GENOVESI, J.P., CHRISTOPHER, WAN and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court