| Matter of BMG Monroe I, LLC v. Village of Monroe Zoning Board of App |
| Motion No: 2019-03873 |
| Slip Opinion No: 2019 NY Slip Op 75297(U) |
| Decided on July 17, 2019 |
| 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
M264505
E/sl
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2019-03873 In the Matter of BMG Monroe I, LLC, respondent, v Village of Monroe Zoning Board of Appeals, et al., appellants. (Index No. 70181/18)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Westchester County, dated March 28, 2019, on the ground that no appeal lies from an order in a proceeding pursuant to CPLR article 78. Cross motion by the appellants for leave to appeal to this Court from the order dated March 28, 2019.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the cross motion is denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court