| Matter of Serota Brown Ct. II, LLC v Town of Hempstead |
| Motion No: |
| Slip Opinion No: 2010 NY Slip Op 63898 |
| Decided on February 23, 2010 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
In the Matter of Serota Brown Court II, LLC, et al.,
Respondents,
v
Town of Hempstead, et al.,
Appellants.
Town Board of Town of Hempstead,
Nonparty-Appellant.
Appeal by the Town of Hempstead, the Board of Appeals of the Town of Hempstead, and the Department of Buildings of the Town of Hempstead, dismissed without costs, by the Court sua sponte, upon the ground that the May 2009 and July 2009 Appellate Division orders appealed from do not finally determine the proceeding within the meaning of the Constitution.
Appeal by the Town Board of the Town of Hempstead, insofar as taken from the Appellate Division order that, among other things, denied its motion to intervene, dismissed without costs, by the Courtsua sponte, upon the ground that such order does not finally determine the proceeding within the meaning of the Constitution; appeal, insofar as taken from the Appellate Division order affirming the judgment of Supreme Court granting the petition, dismissed without costs, by the Courtsua sponte, upon the ground that the Town Board of the Town of Hempstead is not a party to this proceeding.