Matter of Real Property Located at Seacrest Place, Massapequ
Motion No: 2016-04550
Slip Opinion No: 2016 NY Slip Op 78220(U)
Decided on June 29, 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

M214130

E/sl

RANDALL T. ENG, P.J.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-04550

In the Matter of Real Property Located at

Seacrest Place, Massapequa, New York.

Town of Oyster Bay, petitioner-appellant;

Kenneth R. Hohorst, et al., respondents-

respondents.

(Index No. 12370/11)

DECISION & ORDER ON MOTION

Appeal by Town of Oyster Bay from an order of the Supreme Court, Nassau County, dated February 1, 2016. By order to show cause dated May 19, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the order dated February 1, 2016, is not appealable as of right (see CPLR 5701[a][2]), and leave to appeal has not been granted.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701[a][2]).

ENG, P.J., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court