| Matter of Warner v Town of Pine Plains Planning Board |
| Motion No: 2007-06452 |
| Slip Opinion No: 2007 NYSlipOp 76397(U) |
| Decided on August 24, 2007 |
| 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
M58922
E/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
ROBERT A. LIFSON
DANIEL D. ANGIOLILLO, JJ.
|
2007-06452 In the Matter of James Warner, et al., appellants, v Town of Pine Plains Planning Board, et al., respondents. (Index No. 2784/07)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay the respondents Stephen Ruqus and Carol Ruqus from filling and excavating certain real property, with the exception of sinking wells, pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, dated June 27, 2007.
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, as the order is not appealable as of right (see CPLR 5701[b][1]), and leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied as academic.
MILLER, J.P., SANTUCCI, LIFSON and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court