MATTER OF VILLAGE OF GREENPORT pet, v. TOWN OF SOUTHOLD res — Motion by the respondent New York State Department of Environmental Conservation to dismiss the third and fifth causes of action of a petition in a hybrid proceeding pursuant to General Municipal Law article 17, CPLR article 78, and an action pursuant to CPLR 3001. Motion by the petitioner Village of Greenport to withdraw the proceeding/action.

Upon the papers filed in support of the motion by the respondent New York State Department of Environmental Conservation and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the petitioner Village of Greenport and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion by the petitioner Village of Greenport is granted and the proceeding/action is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion by the respondent New York State Department of Environmental Conservation is denied as academic.

ENG, P.J., MASTRO, SKELOS and DILLON, JJ., concur.