Matter of Home Depot, U.S.A., Inc. v Town Board of the Town of South E

Matter of Home Depot, U.S.A., Inc. v Town Board of the Town of South E

Motion No: 2018-01498

Slip Opinion No: 2018 NY Slip Op 68973(U)

Decided on April 5, 2018

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

M248348

E/afa

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2018-01498
In the Matter of Home Depot, U.S.A., Inc.,
appellant-respondent, v Town Board of the
Town of Southeast, et al., respondents-appellants,
et al., respondents.
(Index No. 1462/16)

DECISION & ORDER ON MOTION

Motion by Home Depot, U.S.A., Inc., inter alia, for leave to appeal, and cross motion by Independent Sewage Works, Inc., inter alia, for leave to cross appeal, from an order of the Supreme Court, Putnam County, dated December 1, 2017.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion and cross motion are denied; and it is further,

ORDERED that on the Court's own motion, the appeal and cross appeals purportedly taken as of right are dismissed, without costs or disbursements.

LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court