Matter of Dish Realty, LLC v Planning Board of Town of Hu

Matter of Dish Realty, LLC v Planning Board of Town of Hu

Motion No: 2008-00992

Slip Opinion No: 2008 NYSlipOp 64603(U)

Decided on February 25, 2008

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

M66662

E/sl

ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2008-00992
In the Matter of Dish Realty, LLC, respondent,
v Planning Board of Town of Huntington,
appellant.
(Index No. 29712-06)

DECISION & ORDER ON MOTION

Appeal by the Planning Board of Town of Huntington from an order of the Supreme Court, Suffolk County, entered December 11, 2007.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b][1]), and we decline to grant leave to appeal.

SPOLZINO, J.P., ANGIOLILLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court