| Matter of Stein v Town of New Castle |
| Motion No: 2016-02300 |
| Slip Opinion No: 2016 NY Slip Op 71212(U) |
| Decided on April 21, 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. |
Appellate Division: Second Judicial Department
M210213
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
LEONARD B. AUSTIN
HECTOR D. LASALLE, JJ.
|
2016-02300 In the Matter of Kenneth L. Stein, et al., respondents, v Town of New Castle, et al., appellants. (Index No. 1430/15)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss appeals from an order of the Supreme Court, Westchester County, dated January 15, 2016, on the ground that no appeal lies from an order in a proceeding pursuant to CPLR article 78 and leave to appeal has not been granted. Separate cross motions by the appellants Town of New Castle, Town of New Castle Zoning Board of Appeals, and William J. Maskiell, the appellants Westchester County Department of Health and Westchester County, and the appellants Allan Colaco and Vanessa Colaco for leave to appeal to this Court from the order dated January 15, 2016.
Upon the papers filed in support of the motion and the cross motions, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motions are granted.
MASTRO, J.P., RIVERA, AUSTIN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court