| Matter of Benson Point Realty Corporation v Town of E |
| Motion No: 2007-11733 |
| Slip Opinion No: 2008 NYSlipOp 72071(U) |
| Decided on May 15, 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. |
Appellate Division: Second Judicial Department
M70551
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STEVEN W. FISHER, J.P.
FRED T. SANTUCCI
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2007-11733 D In the Matter of Benson Point Realty Corporation, respondent, v Town of East Hampton, appellant. (Index No. 14908/05)
| ECISION & ORDER ON MOTION |
Motion by the appellant to hold in abeyance an appeal from an order of the Supreme Court, Suffolk County, dated November 28, 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, on the ground that no appeal lies as of right from a nonfinal order in an proceeding pursuant to CPLR article 78 (see CPLR 5701[b][1]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
FISHER, J.P., SANTUCCI, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court