| Matter of Interstate Materials Corporation v City of New York |
| Motion No: 2006-05765 |
| Slip Opinion No: 2006 NYSlipOp 72919(U) |
| Decided on July 28, 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
M42594
T/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2006-05765 In the Matter of Interstate Materials Corporation, appellant, v City of New York, et al., respondents. (Index No. 80446/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, to enjoin the Commissioner of the New York City Department of Sanitation from ordering it to cease operations of its transfer station located at 211 Johnson Street pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated May 24, 2006.
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 appeal is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701); and it is further,
ORDERED that the motion is denied as academic.
MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court