| Matter of 999 Hempstead Turnpike, LLC v Board of Appeals of the Town |
| Motion No: 2020-02840 |
| Slip Opinion No: 2020 NY Slip Op 68956(U) |
| Decided on July 22, 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
M272055
E/sl
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2020-02840 In the Matter of 999 Hempstead Turnpike, LLC, respondent, v Board of Appeals of the Town Hempstead, appellant. (Index No. 612364/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, entered March 2, 2020. Motion by the respondent to vacate any automatic stay in effect pursuant to CPLR 5519(a)(1) pending hearing and determination of the appeal. Cross motion by the appellant to stay enforcement of the order entered March 2, 2020, and other orders of the same court, pending hearing and determination of the appeal from the order entered March 2, 2020.
Upon the papers filed in support of the motion and the cross 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 and the cross motion are denied as academic.
BALKIN, J.P., COHEN, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court