DePaolo v. Town of Ithaca

OPINION OF THE COURT

Phillip R. Rumsey, J.

This CPLR article 78 petition — in which the petitioners sought, inter alia, an order revoking a subdivision approval granted by the Town of Ithaca Planning Board — was dismissed by this court by judgment entered January 25, 1999. On February 17, 1999, petitioners filed a notice of appeal to the Appellate Division. Respondent Cornell University then moved in the Appellate Division for an order declaring that the automatic stay created by Town Law § 2821 was no longer in effect, or, alternatively, lifting or modifying that stay so as to allow the Town…