IN RE: 55 WAINSCOTT HOLLOW (2020)

DECISION & ORDER

In a proceeding pursuant to CPLR article 78 to review a determination of the Planning Board of the Town of East Hampton dated April 22, 2015, which purportedly denied the petitioner's application for preliminary approval of the layout of a proposed subdivision as set forth in a preliminary plat, the intervenors, Alan Cohen, Brian Reaemakers, and Joseph Neuhaus, appeal from a judgment of the Supreme Court, Suffolk County (James Hudson, J.), dated June 20, 2016.  The judgment granted the petition, annulled and reversed the determination dated April 22, 2015, and directed the Planning Board of the Town of East Hampton to take all steps necessary to grant final approval of the petitioner's subdivision map in its final form.

ORDERED that the judgment is affirmed, with costs, for reasons stated by Justice James Hudson at the Supreme Court.

DECISION & ORDER ON MOTION

Cross motion by the petitioner-respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated June 20, 2016, on the ground that it has been rendered academic.  By decision and order on motion of this Court dated September 26, 2017, that branch of the cross motion which is to dismiss the appeal on the ground that it has been rendered academic was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

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 branch of the cross motion which is to dismiss the appeal on the ground that it has been rendered academic is denied.

DILLON, J.P., HINDS–RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.