Matter of Vinland Commons, LLC v Building Department of

Matter of Vinland Commons, LLC v Building Department of

Motion No: 2016-00190

Slip Opinion No: 2016 NY Slip Op 64562(U)

Decided on February 17, 2016

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

M206540

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2016-00190
In the Matter of Vinland Commons, LLC,
respondent, v Building Department of Town
of Riverhead, et al., appellants.
(Index No. 21955/14)

DECISION & ORDER ON MOTION

Motion by the respondent to vacate an automatic stay of enforcement on an appeal from a decision of the Supreme Court, Suffolk County, dated October 20, 2015.

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 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); and it is further,

ORDERED that the motion is denied as academic.

DILLON, J.P., LEVENTHAL, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court