| Matter of Rimler v City of New York |
| Motion No: 2016-08533 |
| Slip Opinion No: 2016 NY Slip Op 94647(U) |
| Decided on December 16, 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
M223132
E/sl
CHERYL E. CHAMBERS, J.P.
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX
BETSY BARROS, JJ.
|
2016-08533 In the Matter of Marsha Rimler, etc., et al., appellants, v City of New York, et al., respondents. (Index No. 506046/16)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enjoin the respondent Cadman Associates, LLC, or anyone acting on its behalf, from continuing the demolition of the Brooklyn Heights Library building, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 7, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal 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 and leave to appeal has not been granted (see CPLR 5701[b][1]); and it is further,
ORDERED that the motion is denied as academic.
CHAMBERS, J.P., COHEN, HINDS-RADIX and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court