| Matter of M. Santulli, LLC v Town of Brookhaven |
| Motion No: 2008-11129 |
| Slip Opinion No: 2009 NYSlipOp 62392(U) |
| Decided on January 29, 2009 |
| 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
M81842
E/sl
PETER B. SKELOS, J.P.
DAVID S. RITTER
ANITA R. FLORIO
HOWARD MILLER, JJ.
|
2008-11129 In the Matter of M. Santulli, LLC, appellant, v Town of Brookhaven, et al., respondents. (Index No. 17234-08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enjoin the respondents from enforcing a certain determination condemning the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 30, 2008, and for a preference in the calendaring of the appeal.
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 a proceeding pursuant to CPLR article 78 (see CPLR 5701[b]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
SKELOS, J.P., RITTER, FLORIO and MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court