| Matter of All Mine of Orange, Inc. v Zoning Board of Appeals of Town |
| Motion No: 2024-08160 |
| Slip Opinion No: 2025 NY Slip Op 77278(U) |
| Decided on September 24, 2025 |
| 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
M308094
AFA/
COLLEEN D. DUFFY, J.P.
WILLIAM G. FORD
DONNA-MARIE E. GOLIA
SUSAN QUIRK, JJ.
|
2024-08160 In the Matter of All Mine of Orange, Inc., appellant, v Zoning Board of Appeals of the Town of Cornwall, respondent.
(Index No. 1243/2024)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Orange County, dated August 20, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent to dismiss the appeal on the ground that no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b][1]), and leave to appeal has not been granted.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied as academic.
DUFFY, J.P., FORD, GOLIA and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court