| Matter of Pitsiokos v Town of Riverhead |
| Motion No: 2005-11292 |
| Slip Opinion No: 2006 NYSlipOp 73268(U) |
| Decided on August 3, 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
M42986
S/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2005-11292 In the Matter of Judith Pitsiokos, et al., appellants, v Town of Riverhead, et al., respondents. (Index No. 25553-04)
| DECISION & ORDER ON MOTION |
Appeal by the petitioners from an order of the Supreme Court, Suffolk County, dated October 6, 2005. By order to show cause dated May 26, 2006, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the order is not appealable as of right (see CPLR 5701[b][1]), and the appellants have not sought leave to appeal to this court. Application by the appellants for leave to appeal to this court from the order dated October 6, 2005, if necessary.
On the court's own motion and upon the papers filed in support and in opposition to the order to show cause and the application, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order dated October 6, 2005, is not appealable as of right (see CPLR 5701[b][1]); and it is further,
ORDERED that the application for leave to appeal to this court from the order dated October 6, 2005, is denied.
ADAMS, J.P., RITTER, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court