Matter of Amling v Assessor of Town of Islip
Motion No: 2012-08237
Slip Opinion No: 2013 NY Slip Op 73021(U)
Decided on May 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M155948

E/nl

DANIEL D. ANGIOLILLO, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2012-08237, 2012-08238

In the Matter of Carl Amling, et al., appellants,

v Assessor of Town of Islip, et al., respondents.

(Index No. 22307/09)

DECISION & ORDER ON MOTION

Motion by the appellants to recall and vacate a decision and order on motion of this Court dated February 21, 2013, which, inter alia, dismissed appeals from two orders of the Supreme Court, Suffolk County, both dated June 5, 2012, on the ground that no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

ANGIOLILLO, J.P., HALL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court