Appellate Division: Second Judicial Department

M206566

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2015-11920 In the Matter of Amenia Fish and Games Association, Inc., et al., petitioners, v Joseph Fontaine, etc., et al., respondents; Oakleigh B. Thorne, et al., appellants. (Index No. 3118/15)

DECISION & ORDER ON MOTION

Motion by the respondents Joseph Fontaine, Town of Amenia Planning Board, Town of Amenia Town Board, and Town of Amenia, and separate motion by the respondents Silo Ridge Ventures, LLC, and Silo Ridge Ventures Property A, LLC, inter alia, to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated October 29, 2015, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice. Separate motion by the appellants for leave to appeal to this Court from the order dated October 29, 2015.

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

ORDERED that the appellants' motion is denied; and it is further,

ORDERED that the branches of the motion by the respondents Joseph Fontaine, Town of Amenia Planning Board, Town of Amenia Town Board, and Town of Amenia, and the separate motion by the respondents Silo Ridge Ventures, LLC, and Silo Ridge Ventures Property A, LLC, which are 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 are granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,

ORDERED that the respondents' motions are otherwise denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court