Long Island Pine Barrens Society, Inc. v Town of Brookha
Motion No: 2009-08333
Slip Opinion No: 2009 NY Slip Op 88108(U)
Decided on November 9, 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

M94192

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-08333

Long Island Pine Barrens Society, Inc., et al.,

petitioners-respondents, v Town of Brookhaven

Town Board, appellant, et al., respondent.

(Index No. 18932-09)

DECISION & ORDER ON MOTION

Appeal by Town of Brookhaven Town Board from an order of the Supreme Court, Suffolk County, dated August 19, 2009.

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, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court