| Kent Acres Development Co., Ltd. v City of New York |
| Motion No: 2008-07076 |
| Slip Opinion No: 2009 NY Slip Op 70738(U) |
| Decided on April 28, 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
M85638
E/cb
REINALDO E. RIVERA, J.P.
MARK C. DILLON
ARIEL E. BELEN
L. PRISCILLA HALL, JJ.
|
2008-07076 Kent Acres Development Co., Ltd., et al., plaintiffs-respondents, v City of New York, et al., defendants, County of Putnam, defendant- respondent, Town Board of Town of Kent, et al., appellants (and another title).
(Index Nos. 888/96, 495/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Putnam County, dated July 16, 2008, inter alia, to strike the brief of Lexington Realty Development Corp. and RFB, LLC, on the ground that it refers to matter dehors the record.
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, without prejudice to taking an appeal from an order determining a motion to vacate the order dated July 16, 2008, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., DILLON, BELEN and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court