Appellate Division: Second Judicial Department

M170987

L/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-01227, 2014-01283 In the Matter of North Oyster Bay Baymen's Assocaition, et al., respondents-appellants, v Town of Oyster Bay, et al., appellants- respondents, State of New York, respondent. 2014-01277 In the Matter of North Oyster Bay Baymen's Assocaition, et al., plaintiffs-respondents, v Town of Oyster Bay, et al., respondents-respondents, Frank M. Flower & Sons, Inc., appellant. (Index No. 9210/11)

DECISION & ORDER ON MOTION

Application by the appellant-respondent Town of Oyster Bay, on appeals and cross appeals from a judgment of the Supreme Court, Nassau County, dated October 31, 2013, and an order of the same court dated July 2, 2013, and an appeal from a decision of the same court dated September 18, 2013, to withdraw its appeals from the judgment and the order.

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 the application is granted and the appeals by the appellant-respondent Town of Oyster Bay from the judgment and the order (Appellate Division Docket Nos. 2014-1227 and 2014-01283), are marked withdrawn; and it is further,

ORDERED that on the Court's own motion, the appeal from the decision (Appellate Division Docket No. 2014-01277) is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509).

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court