| Matter of Ferncliff Cemetery Association v Town of Greenbu |
| Motion No: 2016-04040 |
| Slip Opinion No: 2016 NY Slip Op 78423(U) |
| Decided on June 30, 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
M214048
E/ct
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
|
2016-04040 In the Matter of Ferncliff Cemetery Association, respondent, v Town of Greenburgh, et al., appellants. (Index No. 2868/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated February 26, 2016, on the ground that no appeal lies as of right from an order in a proceeding pursuant to CPLR article 78, and leave to appeal has not been granted. Application by the appellants to deem the notice of appeal to be an application for leave to appeal and to grant leave to appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701[b][1]); and it is further,
ORDERED that the application is denied.
RIVERA, J.P., LEVENTHAL, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court