Appellate Division: Second Judicial Department

M174494

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 appellant to clarify a decision and order on motion of this Court dated March 5, 2014, which, inter alia, granted the branch of the respondents' motion which was to dismiss the appeal.

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

ORDERED that the motion is granted, the decision and order on motion of this Court dated March 5, 2014, is recalled and vacated and the following decision and order on motion is substituted therefor:

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 on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice 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