| Town of Southampton v Flaherty |
| Motion No: 2006-03246 |
| Slip Opinion No: 2006 NYSlipOp 70608(U) |
| Decided on June 20, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M41018
C/nl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2006-03246 Town of Southampton, et al., respondents, v James E. Flaherty, appellant. (Index No. 30939/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated September 13, 2005, on the ground, inter alia, that no appeal lies from an order denying a motion for leave to reargue.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that no appeal lies from an order denying reargument is granted, and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
ADAMS, J.P., KRAUSMAN, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court