SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ORANGE

NINTH JUDICIAL DISTRICT ENVIRONMENTAL CLAIMS PART

VILLAGE OF SOUTH BLOOMING GROVE et al.,

Petitioners,

Index No. 7410/2015

Proceeding No. 1

For a Judgment Pursuant to Article 78 of the Civil

Practice Law and Rules
- against -

VILLAGE OF KIRYAS JOEL BOARD OF TRUSTEES et al.,

Hon. Francesca E. Connolly

Respondents,
NOTICE OF MOTION

EMANUEL LEONOROVITZ et al.,

Additional Respondents.

PRESERVE HUDSON VALLEY et al

Petitioners/Plaintiffs,

Index No.: 8118/2015

Proceeding No. 2

- against

TOWN BOARD OF THE TOWN OF MONROE et al.,

Respondents/Defendants.

PLEASE TAKE NOTICE, that upon the annexed Affirmation of Gedalye Szegedin,

dated January 22, 2016, and the exhibits annexed thereto; the Affidavit of Frederick P. Wells,
sworn to on January 21, 2016, and the exhibits annexed thereto; the Affidavit of Thomas Cusack,
sworn to on January 21, 2016, and the exhibits annexed thereto; the Affirmation of Daniel A.
Ruzow, dated January 22, 2016,

and the exhibits annexed thereto; the accompanying

memorandum of law; and all prior pleadings and proceedings had herein, Respondents-

Defendants Village Board of the Village of Kiryas Joel and the Village of Kiryas Joel
(collectively the "Village" or "Kiryas Joel"), by their attorneys, Whiteman Osterman & Hanna

LLP, will move before this Court, the Ninth Judicial District Environmental Claims Part, before
the Honorable Francesca E. Connolly, at the Westchester County Courthouse located at 1 1 1 Dr.

Martin Luther King Jr. Blvd., White Plains, New York 10601, on March 16, 2016, for an Order
and Judgment pursuant to CPLR 7804(f) and CPLR 3212: (1) summary judgment dismissing the
Amended Verified Petition filed by Petitioners Village of South Blooming Grove et al. in
Proceeding No. 1 and the Amended Verified Petition and Complaint filed by Petitioners-

Plaintiffs Preserve Hudson Valley et al. in Proceeding No. 2, including the declaratory judgment
and state law plenary claims set forth therein, their entirety; (2) awarding the Village the costs,
disbursements, and attorneys' fees incurred in this proceeding; and (3) granting the Village such
other and further relief as the Court deems just and proper.

PLEASE TAKE FURTHER NOTICE, that all answering papers, if any, to the Village's

motion shall be served according to the briefing schedule as agreed by the parties.

WHITEMAN, OSTERMAN & HANNA LLP

Dated: January 22, 2016

Albany, New York

By:
John J. Henry, Esq.
Michael G. Sterthous, Esq.

Robert S. Rosborough IV, Esq.

Attorneys for Respondents Village Board of the

Village of Kiryas Joel and Village of Kiryas Joel

One Commerce Plaza
Albany, New York 12260
(518) 487-7600