| Matter of Ridge Transport Systems, Inc. v City of New York |
| Motion No: 2010-08800 |
| Slip Opinion No: 2010 NY Slip Op 87763(U) |
| Decided on November 12, 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. |
Appellate Division: Second Judicial Department
M110868
J/sl
MARK C. DILLON, J.P.
FRED T. SANTUCCI
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2010-08800 In the Matter of Ridge Transport Systems, Inc., respondent-appellant, v City of New York, et al., appellants-respondents, Mike's Heavy Duty Towing, Inc., respondent-respondent. (Index No. 5617/10)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that its decision and order on motion dated November 9, 2010, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondent-appellant, inter alia, to reinstate it as the emergency arterial tow service provider for highway segments 13, 14, and 15 under a certain arterial tow program, pending hearing and determination of appeals and a cross appeal from an order of the Supreme Court, Kings County, dated August 20, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeals and cross appeal are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b][1]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., SANTUCCI, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court