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MATTER OF NEW YORK & ATL. RY. CO. v. TOWN OF BABYLON

2016-02508, Index No. 692/10.

155 A.D.3d 1040 (2017)

65 N.Y.S.3d 456

2017 NY Slip Op 08375

In the Matter of NEW YORK & ATLANTIC RAILWAY COMPANY et al., Respondents, v. TOWN OF BABYLON et al., Respondents, and PINELAWN CEMETERY, Appellant.

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

Decided November 29, 2017.

Motion by the petitioners to dismiss the appeal. By decision and order on motion of this Court dated August 18, 2017, the motion 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 motion to dismiss the appeal is granted; and...

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