Matter of Citizens for St. Patrick's v City of Watervliet Zoning Bd. of Appeals

Matter of Citizens for St. Patrick's v City of Watervliet Zoning Bd. of Appeals
Motion No: 2015-1335
Slip Opinion No: 2016 NY Slip Op 75283
Decided on June 2, 2016
Court of Appeals Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and subject to revision before publication in the Official Reports.



In the Matter of Citizens for St. Patrick's et al.,

Appellants,


v

City of Watervliet Zoning Board of Appeals et al.,

Respondents.

On the Court's own motion, appeal dismissed without costs, upon the ground that the July 2015 Appellate Division order appealed from affirming the July 2014 Supreme Court paper which, among other things, granted PCP Watervliet, LLC's motion pursuant to CPLR 6315 to ascertain damages and ordered a hearing to determine damages, does not finally determine the proceeding within the meaning of the Constitution.

Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the proceeding within the meaning of the Constitution.

Judge Stein took no part.