Matter of Fox Ridge Motor Inn, Inc. v Town of Southeast, Ne

Matter of Fox Ridge Motor Inn, Inc. v Town of Southeast, Ne

Motion No: 2010-01144

Slip Opinion No: 2010 NY Slip Op 62543(U)

Decided on February 3, 2010

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

M98126

J/sl

JOSEPH COVELLO, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2010-01144
In the Matter of Fox Ridge Motor Inn, Inc.,
et al., appellants, v Town of Southeast, New
York, et al., respondents-respondents.
(Index No. 09-16680)

DECISION & ORDER ON MOTION

Appeal by the petitioners from an order of the Supreme Court, Westchester County, entered January 7, 2010.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b]), and we decline to grant leave to appeal.

COVELLO, J.P., MILLER, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court