Matter of 278, LLC, formerly known as 260A, LLC v Zoning
Motion No: 2015-03702
Slip Opinion No: 2016 NY Slip Op 75397(U)
Decided on June 2, 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

M212513

E/ct

RANDALL T. ENG, P.J.

SHERI S. ROMAN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2015-03702

In the Matter of 278, LLC, formerly known as

260A, LLC, appellant, v Zoning Board of Appeals

of Town of East Hampton, et al., respondents.

(Index No. 4979/13)

DECISION & ORDER ON MOTION

Motion by the respondents Taya Thurman, Taya Thurman Trust and Taya Thurman Secondary Residence Trust to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated December 17, 2014, on the ground that the judgment is not appealable as right as it is nonfinal in a proceeding pursuant to CPLR article 78, or, in the alternative, to hold the appeal in abeyance pending determination of certain proceedings in the Supreme Court, Suffolk County.

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

ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., ROMAN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court