Matter of Antonini v New York State Department of Environ
Motion No: 2010-02766
Slip Opinion No: 2010 NY Slip Op 71573(U)
Decided on May 14, 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

M102304

E/sl

PETER B. SKELOS, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-02766

In the Matter of Gino Antonini, et al., petitioners,

v New York State Department of Environmental

Conservation, respondent.

(Index No. 26715-09)

DECISION & ORDER ON MOTION

Motion by the respondent in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Suffolk County, dated October 7, 2009, to remit the matter to the Supreme Court, Suffolk County for further proceedings pursuant to ECL 25-0404.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings pursuant to ECL 25-0404.

SKELOS, J.P., MILLER, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court