| Gibbs v Leibowitz |
| Motion No: 2009-04318 |
| Slip Opinion No: 2009 NY Slip Op 78685(U) |
| Decided on July 22, 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
M89782
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2009-04318 Robin Gibbs, et al., appellants-respondents, v Marc Liebowitz, et al., respondents, Town of Riverhead, et al., respondents-appellants. (Index No. 38715-08)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal and cross appeal from an order of the Supreme Court, Suffolk County, entered March 13, 2009, on the ground that no appeal lies as of right from an intermediate order in a proceeding pursuant to CPLR article 78.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
DILLON, J.P., ANGIOLILLO, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court