| Donald J. Jones v Town of Carroll |
| Motion No: 2009-496 |
| Slip Opinion No: 2009 NY Slip Op 74741 |
| Decided on June 11, 2009 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
Donald J. Jones, et al.,
Appellants,
v
Town of Carroll et al.,
Respondents.
Motion for leave to appeal dismissed upon the ground that the Appellate Division order does not finally determine the action within the meaning of the Constitution, and the so ordered stipulation does not qualify as a final judgment within the meaning of CPLR 5602(a)(1)(ii) to bring up for review the prior nonfinal Appellate Division order because it was entered into without prejudice.
Judge Pigott took no part.