Opinion
Motion No: 2010-04312 Index No. 1311-09 1363-09 M126116
09-26-2011
In the Matter of Marilyn Bishop, et al., respondents, v. Town of Southampton Zoning Board of Appeals, defendant, East End Gunite Pools Supply, LLC, et al., appellants. (Proceeding No. 1) In the Matter of East End Gunite Pools Supply, LLC, et al., appellants, v. Zoning Board of Appeals of Town of Southampton, et al., respondents. (Proceeding No. 2)
, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by East End Gunite Pools Supply, LLC, on appeals from a judgment of the Supreme Court, Suffolk County, dated April 9, 2010, to withdraw its appeal. Separate motion by the respondents, inter alia, to dismiss the appeal by R.K.B. Realty, LLC, for failure to timely perfect.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion by East End Gunite Pools Supply, LLC, is granted, and the appeal by East End Gunite Pools Supply, LLC, is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion by the respondents is granted to the extent that the appeal by R.K.B. Realty, LLC, is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e][1]), and the motion is otherwise denied as academic.
DICKERSON, J.P., LEVENTHAL, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court