BLF Associates, LLC v Town of Hempstead
Motion No: 2009-03595
Slip Opinion No: 2009 NY Slip Op 88894(U)
Decided on November 18, 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

M94579

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

HOWARD MILLER

L. PRISCILLA HALL, JJ.

2009-03595

BLF Associates, LLC, respondent,

v Town of Hempstead, et al., appellants.

(Index No. 8342/06)

DECISION & ORDER ON MOTION

Appeal by BLF Associates, LLC, from an order of the Supreme Court, Nassau County, entered February 5, 2009.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, 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.

RIVERA, J.P., FLORIO, MILLER and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court