| Matter of Mantello v Finnerty |
| Motion No: 2006-05425 |
| Slip Opinion No: 2006 NYSlipOp 71765(U) |
| Decided on July 7, 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
M41546
A/sl
ANITA R. FLORIO, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2006-05425 In the Matter of Joseph Mantello, et al., petitioners, v Dennis Finnerty, etc., et al., respondents. (Index No. 20339-05)
| DECISION & ORDER ON MOTION |
Motion by the petitioners for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated May 16, 2006, and to enjoin the construction of an agricultural building on the subject property, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,
ORDERED that the appeal taken as of right by the petitioners is dismissed, without costs or disbursements, as the order is not appealable as of right (see CPLR 5701), and leave to appeal has not been granted; and it is further,
ORDERED that the motion is otherwise denied as academic.
FLORIO, J.P., MASTRO, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court