Matter of Kar-McVeigh, LLC v Zoning Board of Appeals of

Matter of Kar-McVeigh, LLC v Zoning Board of Appeals of

Motion No: 2011-00432

Slip Opinion No: 2011 NY Slip Op 67915(U)

Decided on March 23, 2011

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

M117459

E/ct

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-00432
In the Matter of Kar-McVeigh, LLC, respondent-
appellant, v Zoning Board of Appeals of Town
of Riverhead, et al., appellants-respondents.
(Index No. 40122/09)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated December 20, 2010, to dismiss the appeal on the ground that the appellants-respondents are not aggrieved by the order appealed from.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied without prejudice to raising the issue in the respondent-appellant's brief.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court