Appellate Division: Second Judicial Department

M173006

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2014-02701, 2014-02703 In the Matter of Blue Island Development, LLC, et al., appellants, v Town of Hempst et al., respondents. (Index No. 32713/13)

DECISION & ORDER ON MOTION ead,

Motion by Blue Island Development, LLC, and Posillico Development Company at Harbor Island, Inc., inter alia, for leave to appeal to this Court from an order of the Supreme Court, County, dated March 10, 2014, and a decision of the same court dated March 10, 2014, and for a preference in the calendaring of the appeals.

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

ORDERED that on the Court's own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (Appellate Division Docket No. 2014-02703) (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the order is granted with respect to so much of the order as relates to the claim for relief pursuant to CPLR article 78 and is denied as unnecessary with respect to so much of the order as relates to the claim for declaratory relief as that portion of the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court