City of Ithaca v. N.Y. State Dep't of Envtl. Conservation

Full title: In the Matter of THE CITY OF ITHACA et al., Appellants, v. THE NEW YORK…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Oct 4, 2019

2019 N.Y. Slip Op. 81515 (N.Y. App. Div. 2019)

Opinion

Motion No: 529392

10-04-2019

In the Matter of THE CITY OF ITHACA et al., Appellants, v. THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

Lynch, J.P., Mulvey, Rumsey and Pritzker, JJ., concur.

DECISION AND ORDER ON MOTION

Motion for preliminary injunction.

Cross motion to dismiss appeal as moot.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, without costs, and it is further

ORDERED that the cross motion is denied, without costs, and without prejudice to the issue involved being raised upon argument of the appeal.

Lynch, J.P., Mulvey, Rumsey and Pritzker, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court