Matter of Home Depot U.S.A., Inc. v Town Board of Town of
Motion No: 2015-08663
Slip Opinion No: 2015 NY Slip Op 90032(U)
Decided on November 9, 2015
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M201136

E/ct

RANDALL T. ENG, P.J.

RUTH C. BALKIN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2015-08663

In the Matter of Home Depot U.S.A., Inc.,

petitioner-respondent, v Town Board of Town

of Southeast, et al., appellants, et al., respondents.

(Index No. 153/15)

DECISION & ORDER ON MOTION

Motion by Town Board of Town of Southeast and Town of Southeast, and separate motions by Independent Sewage Works, Inc., T.L. Cannon Management Corp., and Eveready Diner Brewster, Inc., for leave to appeal to this Court from an order of the Supreme Court, Putnam County, dated July 31, 2015.

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

ORDERED that the motions are denied; and it is further,

ORDERED that on the Court's own motion, the appeals purportedly taken as of right are dismissed, without costs or disbursements.

ENG, P.J., BALKIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court