From Casetext: Smarter Legal Research

Bergstol v. Town of Monroe

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 2002
296 A.D.2d 431 (N.Y. App. Div. 2002)

Opinion

2001-08801

Argued June 3, 2002.

July 8, 2002.

In an action, inter alia, for a judgment declaring that Local Law No. 2 (2001) of the Town of Monroe is illegal, the plaintiffs appeal from an order of the Supreme Court, Orange County (Slobod, J.), dated September 20, 2001. Motion by the respondent to dismiss the appeal on the ground that it has been rendered academic. By decision and order of this court, dated April 30, 2002, the motion was held in abeyance and was referred to the Justices hearing the appeal for determination upon the argument or submission thereof.

James G. Sweeney, P.C., Goshen, N.Y., for appellants.

Drake Sommers Loeb Tarshia Catania, PLLC, Newburgh, N.Y. (Stephen J. Gaba of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, SONDRA MILLER, GLORIA GOLDSTEIN, JJ.


Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the appeal, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.


Summaries of

Bergstol v. Town of Monroe

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 2002
296 A.D.2d 431 (N.Y. App. Div. 2002)
Case details for

Bergstol v. Town of Monroe

Case Details

Full title:KENNETH BERGSTOL, ET AL., appellants, v. TOWN OF MONROE, respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 8, 2002

Citations

296 A.D.2d 431 (N.Y. App. Div. 2002)
744 N.Y.S.2d 712

Citing Cases

Westbury Trombo v. Bd. of Tr., Westbury

This new local law repeals, in whole or in part, the local laws that were challenged in this proceeding, but…

Seneca Meadows, Inc. v. Town of Seneca Falls

"The burden is on the administrative agency to demonstrate the existence of a final and binding…