Appellate Division: Second Judicial Department

M182856

E/ct

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX, JJ.

2014-10056, 2014-10058, 2014-10214 In the Matter of Operation Stomp, et al., petitioners-respondents, v Nassau County, et al., respondents-respondents, Brian F. Rabinowitz, et al., nonparty-appellants. (Index No. 9782/14)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant Brian F. Rabinowitz, inter alia, for leave to appeal to this Court from two orders of the Supreme Court, Nassau County, dated October 23, 2014 (Appellate Division Docket No. 2014-10056), and November 3, 2014 (Appellate Division Docket No. 2014-10058), respectively, and, in effect, to stay the removal of certain trees along South Oyster Bay Road, pending hearing and determination of the appeals. Separate motion by the nonparty-appellant Yushen Su, inter alia, for leave to appeal from the order dated October 23, 2014, and an order of the same court also dated November 3, 2014 (Appellate Division Docket No. 2014-10214), and, in effect, to stay the removal of certain trees along South Oyster Bay Road, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion by the nonparty-appellant Brian F. Rabinowitz and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the nonparty-appellant Yushen Su and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeals from the order dated October 23, 2014, are dismissed, without costs or disbursements, on the ground that the nonparty-appellants are not aggrieved from that order (see CPLR 5511); and it is further,

ORDERED that the motion by the nonparty-appellant Brian F. Rabinowitz is dismissed for failure to provide proof of service of the motion is accordance with the terms of the order to show cause of this Court dated October 30, 2014; and it is further,

ORDERED that the branch of the motion by the nonparty-appellant Yushen Su which is, inter alia, for leave to appeal from the order dated November 3, 2014, is denied; and it is further,

ORDERED that on the Court's own motion, the appeals purportedly taken as of right from the orders dated November 3, 2014, are dismissed, without costs or disbursements; and it is further,

ORDERED that the motion by the nonparty-appellant Yushen Su is otherwise denied as academic.

BALKIN, J.P., LEVENTHAL, HALL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court