| Matter of Heritage Square Builders at East Moriches, LLC v |
| Motion No: 2007-02748 |
| Slip Opinion No: 2007 NYSlipOp 81247(U) |
| Decided on October 18, 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
M61224
E/sl
ROBERT A. SPOLZINO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
THOMAS A. DICKERSON, JJ.
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2007-02748 In the Matter of Heritage Square Builders at East Moriches, LLC, petitioner-respondent, v Planning Board of Town of Brookhaven, et al., respondents; East Moriches Property Owners' Association, nonparty-appellant. (Index No. 12397-06)
| DECISION & ORDER ON MOTION |
Motion by East Moriches Property Owners' Association for leave to intervene as an appellant on an appeal from an order of the Supreme Court, Suffolk County, dated January 23, 2007. Cross motion by Heritage Square Builders at East Moriches, LLC, to dismiss an appeal by East Moriches Property Owners' Association purportedly taken as of right, on the ground that East Moriches Property Owners' Association is not a proper party appellant.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted and the appeal by East Moriches Property Owners' Association purportedly taken as of right is dismissed, without costs or disbursements, on the ground that East Moriches Property Owners' Association is not a proper party appellant.
SPOLZINO, J.P., KRAUSMAN, GOLDSTEIN and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court