Matter of County of Orange v Village of Kiryas Joel
Motion No: 2010-12120
Slip Opinion No: 2011 NY Slip Op 68400(U)
Decided on March 30, 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

M117666

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2010-12120

In the Matter of County of Orange, petitioner-

respondent, v Village of Kiryas Joel, et al.,

respondents-respondents, Town of Woodbury,

et al., appellants.

(Index No. 09-8513)

DECISION & ORDER ON MOTION

Motion by the respondents-respondents to dismiss an appeal from an order of the Supreme Court, Orange County, dated October 29, 2010, on the ground that the order is not appealable as of right.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, on the ground that the order dated October 29, 2010, is not appealable as of right (see CPLR 5701[b][1]), and we decline to grant leave to appeal.

RIVERA, J.P., DICKERSON, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court