| Matter of Carnelian Farms, LLC v Leventhal |
| Motion No: 2015-03789 |
| Slip Opinion No: 2016 NY Slip Op 90203(U) |
| Decided on November 1, 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
M220711
E/sl
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2015-03789 In the Matter of Carnelian Farms, LLC, et al., petitioners-respondents, v Paul Leventhal, etc., et al., appellants, Village of Muttontown Building Department, et al., respondents. (Index No. 8643/14)
| DECISION & ORDER ON MOTION |
2016-09382
In the Matter of Carnelian Farms, LLC, et al.,
respondents, v Village of Muttontown Building
Department, et al., appellants.
(Index No. 5476/16)
Motion by Carnelian Farms, LLC, and Hunter's Moon Farm, LLC, for an expedited briefing schedule and a preference in the calendaring of an appeal from an order of the Supreme Court, Nassau County, dated July 29, 2016, and to calendar that appeal together with an appeal from an order of the same court entered April 7, 2015.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the order dated July 29, 2016, is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., ROMAN, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court