VILLAGE OF CROTON-ON-HUDSON v. NORTHEAST INTERCHANGE RAILWAY, LLC


46 A.D.3d 546 (2007)

846 N.Y.S.2d 606

VILLAGE OF CROTON-ON-HUDSON, Respondent-Appellant, v. NORTHEAST INTERCHANGE RAILWAY, LLC, et al., Appellants-Respondents. (And a Related Action.)

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

Decided December 4, 2007.


Ordered that the cross appeal is dismissed, without costs or disbursements, as the plaintiff is not aggrieved by the order (see CPLR 5511); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof enjoining the defendant Northeast Interchange Railway, LLC, and its affiliate RS Acquisition Co., LLC, "from operating a transfer station at the Property without first obtaining a special permit in accordance with the Village...

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