Matter of Wythe Berry, LLC v New York State Department of Enviornmenta
Motion No: 2015-12201
Slip Opinion No: 2021 NY Slip Op 71445(U)
Decided on September 13, 2021
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

M279090

MB/

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

ROBERT J. MILLER

ANGELA G. IANNACCI, JJ.

2015-12201

In the Matter of Wythe Berry, LLC, appellant,

v New York State Department of Environmental

Conservation, et al., respondents.

(Index No. 505803/2014)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, dated October 16, 2015, which was determined by decision and order of this Court dated November 25, 2020. Motion by the respondents for leave to appeal to the Court of Appeals from the decision and order of this Court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

MASTRO, J.P., DILLON, MILLER and IANNACCI, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court