Town Board of Town of Southampton v 1104 North Sea C
Motion No: 2008-04162
Slip Opinion No: 2008 NYSlipOp 71741(U)
Decided on May 12, 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

M70311

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-04162

Town Board of Town of Southampton, respondent,

v 1104 North Sea Co., Inc., et al., appellants,

et al., defendants.

(Index No. 12374-08)

DECISION & ORDER ON MOTION

Appeal by 1104 North Sea Co., Inc., and Donald MacPherson from an order of the Supreme Court, Suffolk County, dated April 1, 2008.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable by right or by permission (see CPLR 5701, 5704).

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court