| Norton v Town of Islip |
| Motion No: 2013-08235 |
| Slip Opinion No: 2014 NY Slip Op 65531(U) |
| Decided on March 5, 2014 |
| 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
M170474
E/sl
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
HECTOR D. LASALLE, JJ.
|
2013-08235 Howard Norton, appellant, v Town of Islip, et al., respondents. (Index No. 19018/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated June 6, 2013, on the grounds that the order did not result from a motion made on notice and it is a nonfinal order in a proceeding pursuant to CPLR article 78, to strike stated portions of the record, and to enlarge the time to serve and file a brief. Cross motion by the appellant for leave to appeal to this Court from the order dated June 6, 2013.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that the cross motion is denied.
BALKIN, J.P., SGROI, COHEN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court