| McCabe, individually and on behalf of all others similarly v The Town |
| Motion No: 2017-10103 |
| Slip Opinion No: 2017 NY Slip Op 91502(U) |
| Decided on November 3, 2017 |
| 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
M240778
E/ct
JOHN M. LEVENTHAL, J.P.
JEFFREY A. COHEN
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
|
2017-10103 William McCabe, individually and on behalf of all others similarly, et al., plaintiffs, v The Town of Hempstead, et al., defendants. (Index No. 6892/16)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated September 26, 2017, and to enjoin the defendants or anyone acting on their behalf from enforcing a certain building zone ordinance, 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.
LEVENTHAL, J.P., COHEN, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court