Matter of Scherer v Town of Southampton Zoning Board of
Motion No: 2012-01548
Slip Opinion No: 2012 NY Slip Op 66202(U)
Decided on March 2, 2012
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

M134166

S/ct

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2012-01548, 2012-01550

In the Matter of Kevin Scherer, appellant,

v Town of Southampton Zoning Board of

Appeals, et al., respondents.

(Index No. 05083/10)

DECISION & ORDER ON MOTION

Appeal by Kevin Scherer from a judgment of the Supreme Court, Suffolk County, dated October 20, 2011, and a decision of the same court dated April 20, 2011.

On the Court's own motion, it is

ORDERED that the appeal from the decision (Appellate Division Docket No. 2012-01550) is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509).

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court