| Matter of 175 Mohawk Avenue, LLC v Town Of Southampton Conservation |
| Motion No: 2022-00422 |
| Slip Opinion No: 2022 NY Slip Op 64861(U) |
| Decided on April 22, 2022 |
| 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
M282566
AFA/
BETSY BARROS, J.P.
REINALDO E. RIVERA
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
|
2022-00422 In the Matter of 175 Mohawk Avenue, LLC, et al., appellants, v Town of Southampton Conservation Board, et al., respondents. (Index No. 611551/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated December 16, 2021. Motion by the appellants, inter alia, in effect, for leave to appeal to this Court from the order, and to enjoin the respondent River Rock Structured Capital, LLC, from performing certain construction work on the subject premises, pending hearing and determination of the appeal. Motion by the respondents to dismiss the appeal on the ground that no appeal lies as of right from an interlocutory order in a proceeding pursuant to CPLR article 78.
Upon the papers filed in support of the motion by appellants and the papers filed in opposition thereto, and upon the papers filed in support of the motion by respondents and the papers filed in opposition thereto, it is
ORDERED that the branch of the appellant's motion which is, in effect, for leave to appeal is denied; and it is further,
ORDERED that the respondent's motion to dismiss the appeal is granted (see CPLR 5701[b][1]); and it is further,
ORDERED that the appellant's motion is otherwise denied as academic.
BARROS, J.P., RIVERA, CHAMBERS and MILLER, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court