| Matter of Open Space Council, Inc. v Town Board of Town o |
| Motion No: 2012-09976 |
| Slip Opinion No: 2013 NY Slip Op 65453(U) |
| Decided on February 22, 2013 |
| 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
M151789
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
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2012-09976 In the Matter of Open Space Council, Inc., et al., appellants, v Town Board of Town of Brookhaven, et al., respondents. (Index No. 34008/11)
| DECISION & ORDER ON MOTION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated August 6, 2012.
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 is dismissed, without costs or disbursements, as the right of direct appeal from the intermediate order terminated with the entry of the judgment dated October 18, 2012 (see Matter of Aho, 39 NY2d 241, 248); the issues raised on the appeal from the order may be brought up for review and considered on the appeal from the judgment (see CPLR 5501[a][1]); and it is further,
ORDERED that the application is denied as academic.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court