| Matter of Atlantic Real Estate Holdings, LLC v Board of App |
| Motion No: 2011-05039 |
| Slip Opinion No: 2011 NY Slip Op 83217(U) |
| Decided on September 12, 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
M125574
E/ct
RANDALL T. ENG, J.P.
ARIEL E. BELEN
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2011-05039 In the Matter of Atlantic Real Estate Holdings, LLC, respondent, v Board of Appeals for Town of Hempstead, et al., appellants. (Index No. 19222/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants to recall and vacate so much of a decision and order on motion of this Court dated July 7, 2011, as dismissed an appeal from an order of the Supreme Court, Nassau County, entered March 21, 2011, on the ground that the order is not appealable as of right, and to reinstate the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ENG, J.P., BELEN, AUSTIN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court