Matter of Scher v New York State Division of Housing and

Matter of Scher v New York State Division of Housing and

Motion No: 2009-06069

Slip Opinion No: 2009 NY Slip Op 86093(U)

Decided on October 16, 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

M93188

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2009-06069
In the Matter of Marlene Scher, etc., et al.,
appellants, v New York State Division of
Housing and Community Renewal, et al.,
respondents.
(Index No. 2329/09)

DECISION & ORDER ON MOTION

Motion by Georgetown Unsold Shares, LLC, to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered June 3, 2009, on the ground that no appeal lies from a nonfinal order in a proceeding pursuant to CPLR article 78, and for an award of fees and costs.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion is denied (see Matter of Palaez v Waterfront Commn. of N.Y. Harbor, 48 NY2d 1021).

FISHER, J.P., COVELLO, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court