| Matter of Byrne v Bohan |
| Motion No: 2006-06232 |
| Slip Opinion No: 2006 NYSlipOp 72061(U) |
| Decided on July 14, 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
M42095
O/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
FRED T. SANTUCCI
MARK C. DILLON, JJ.
|
2006-06232 In the Matter of James Byrne, et al., appellants, v Charles Bohan, etc., et al., respondents. (Index No. 05-8896)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to appeal to this court from an order of the Supreme Court, Orange County, dated May 19, 2006, and, inter alia, to enjoin the respondent Charles J. Bohan from conducting an election on the proposed incorporation of the Village of South Blooming Grove.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal from the order is deemed to be a premature notice of appeal from a judgment of the same court entered June 21, 2006 (see CPLR 5520[c]; and it is further,
ORDERED that the branch of the motion which is for leave to appeal is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., ADAMS, SANTUCCI and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court