Town of Huntington v County of Suffolk
Motion No: 2006-06331
Slip Opinion No: 2006 NYSlipOp 74206(U)
Decided on August 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M43575

C/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2006-06331

Town of Huntington, appellant, v

County of Suffolk, respondent.

(Index No. 21265-05)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated May 17, 2006, to dismiss the appeal on the ground that the order appealed from is not appealable as of right and leave to appeal has not been granted (see CPLR 5701).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.

MILLER, J.P., SCHMIDT, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court