| Matter of NT&U Technologies, Inc. v Town of Hempstead |
| Motion No: 2010-07299 |
| Slip Opinion No: 2010 NY Slip Op 90008(U) |
| Decided on December 7, 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
M112213
J/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2010-07299 In the Matter of NT & U Technologies, Inc., et al., respondents, v Town of Hempstead, et al., respondents-appellants; Planning Board of Town of Hempstead, et al., nonparty-appellants. (Index No. 9743/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, on an appeal from an order of the Supreme Court, Nassau County, dated April 7, 2010, to enlarge the record to include a certain Town Board resolution.
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 appeal is dismissed, without costs or disbursements, on the ground that the appellants are not aggrieved by the order (see CPLR 5511; Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465); and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court