Greens at Half Hollow, LLC v Suffolk County Sewer Agen
Motion No: 2016-10513
Slip Opinion No: 2016 NY Slip Op 89436(U)
Decided on October 25, 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

M220303

E/sl

RANDALL T. ENG, P.J.

LEONARD B. AUSTIN

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2016-10513

Greens at Half Hollow, LLC, respondent,

v Suffolk County Sewer Agency, et al.,

appellants, et al., defendants.

(Index No. 614559/16)

DECISION & ORDER ON MOTION

Motion by Suffolk County Sewer Agency, Suffolk County Department of Public Works, and Suffolk County Department of Health Services for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated October 5, 2016, and to enjoin the respondent from abandoning ownership and operation of the subject sewage treatment plant, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal 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; and it is further,

ORDERED that the motion is otherwise denied as academic.

ENG, P.J., AUSTIN, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court