| Matter of McEntee v New York State Department of Environmental Conser |
| Motion No: 2020-02332 |
| Slip Opinion No: 2020 NY Slip Op 65832(U) |
| Decided on May 1, 2020 |
| 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
M270668
E/mb
REINALDO E. RIVERA, J.P.
MARK C. DILLON
JEFFREY A. COHEN
PAUL WOOTEN, JJ.
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2020-02332 In the Matter of Joseph M. McEntee, Jr., appellant, v New York State Department of Environmental Conservation, et al., respondents. (Index No. 1348/19)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enjoin the respondents, or anyone acting on their behalf, from operating the Cricket Valley Energy Center, pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, dated January 29, 2020.
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, as 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.
RIVERA, J.P., DILLON, COHEN and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court