Appellate Division: Second Judicial Department

M59687

E/sl

HOWARD MILLER, J.P.

REINALDO E. RIVERA

ANITA R. FLORIO

PETER B. SKELOS, JJ.

2007-06641 In the Matter of Oyster Bay Associates Limited Partnership, et al., respondents, v Town Board of Town of Oyster Bay, et al., appellants. (Index No. 16830-01)

DECISION & ORDER ON MOTION

Motion by the Town Board of the Town of Oyster Bay, inter alia, for leave to appeal from an order of the Supreme Court, Suffolk County, dated June 11, 2007, and to stay enforcement of the order pending hearing and determination of the appeal. Separate motion by Birchwood Civic Association at Jericho, Inc., Debbi Hunter, as President of Birchwood Park at Syosset Homeowners Association, and Warren Church, as President of Syosset Groves Civic Association, for leave to appeal from the order dated June 11, 2007, or a declaration that the order is a judgment appealable as of right. Cross motion by Oyster Bay Associates Limited Partnership and WPIX, Inc., to dismiss appeals purportedly taken as of right from the order dated June 11, 2007, by the Town Board of the Town of Oyster Bay and by Birchwood Civic Association at Jericho, Inc., Debbi Hunter, as President of Birchwood Park at Syosset Homeowners Association, and Warren Church, as President of Syosset Groves Civic Association. Application by the Town Board of the Town of Oyster Bay, in effect, to extend its time to comply with the order dated June 11, 2007.

Upon the papers filed in support of the motions and the cross motion and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the branch of the motion by the Town Board of the Town of Oyster Bay which is for leave to appeal is denied, and the motion is otherwise denied as academic in light of our determination; and it is further,

ORDERED that the motion by Birchwood Civic Association at Jericho, Inc., Debbi Hunter, as President of Birchwood Park at Syosset Homeowners Association, and Warren Church, as President of Syosset Groves Civic Association is denied; and it is further,

ORDERED that the cross motion is granted, and the appeals purportedly taken as of right are dismissed, without costs or disbursements, as no appeal lies as of right from the order (see CPLR 5701[b][1]); and it is further,

ORDERED that the application is denied without prejudice to seeking the same relief in the Supreme Court.

MILLER, J.P., RIVERA, FLORIO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court