| Matter of WB Kirby Hill, LLC v Incorporated Village of Mutt |
| Motion No: 2016-05308 |
| Slip Opinion No: 2016 NY Slip Op 81552(U) |
| Decided on August 3, 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
M215866
T/ct
CHERYL E. CHAMBERS, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
JOSEPH J. MALTESE, JJ.
|
2016-05308 In the Matter of WB Kirby Hill LLC, respondent, v Incorporated Village of Muttontown, et al., appellants. (Index No. 10774/14)
| DECISION & ORDER ON MOTION |
Motion by the Incorporated Village of Muttontown, the Board of Trustees of the Incorporated Village of Muttontown, and the Planning Board of the Incorporated Village of Muttontown, for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated April 12, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b][1]).
CHAMBERS, J.P., DICKERSON, HALL and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court