| Matter of AAA Carting and Rubbish Removal, Inc. v Town |
| Motion No: 2011-11876 |
| Slip Opinion No: 2012 NY Slip Op 75166(U) |
| Decided on June 4, 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. |
Appellate Division: Second Judicial Department
M137732
E/sl
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2011-11876 In the Matter of AAA Carting and Rubbish Removal, Inc., appellant-respondent, v Town of Southeast, et al., respondents, Sani-Pro Disposal Services Corp., etc., respondent-appellant. (Index No. 09-3197)
| DECISION & ORDER ON MOTION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated October 31, 2011.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal and cross appeal are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b][1]) and leave to appeal has not been granted; and it is further,
ORDERED that the application is denied as academic.
RIVERA, J.P., HALL, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court