| Matter of Ressler v Zoning Board of Appeals of Incorporated |
| Motion No: 2010-11258 |
| Slip Opinion No: 2011 NY Slip Op 72626(U) |
| Decided on May 11, 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. |
Appellate Division: Second Judicial Department
M119995
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2010-11258 In the Matter of H. Kirk Ressler, et al., respondents, v Zoning Board of Appeals of Incorporated Village of Dering Harbor, appellant. (Index No. 17390-09)
| DECISION & ORDER ON MOTION |
Appeal by Zoning Board of Appeals of Incorporated Village of Dering Harbor from an order of the Supreme Court, Suffolk County, dated August 25, 2010.
On the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 (see CPLR 5701), and we decline to grant leave to appeal.
SKELOS, J.P., DICKERSON, HALL and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court