Kent Acres Development Co., Ltd. v City of New York

Kent Acres Development Co., Ltd. v City of New York

Motion No: 2009-01043

Slip Opinion No: 2009 NYSlipOp 63087(U)

Decided on February 6, 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M82188

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2009-01043
Kent Acres Development Co., Ltd., et al.,
respondents, v City of New York, et al., defendants,
County of Putnam, appellant.
(Index No. 888/96)

DECISION & ORDER ON MOTION

Appeal by County of Putnam from an order of the Supreme Court, Putnam County, dated December 22, 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 as of right and leave to appeal has not been granted (see CPLR 5701).

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

ENTER:

James Edward Pelzer

Clerk of the Court