From Casetext: Smarter Legal Research

In the Matter of Israel v. Bd. of Appeals

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 2003
304 A.D.2d 834 (N.Y. App. Div. 2003)

Opinion

2002-04946

Argued March 28, 2003.

April 28, 2003.

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Town of Hempstead, dated June 20, 2001, which denied, based on the doctrine of res judicata, the petitioner's applications to build an addition to its synagogue and for a variance to allow additional off-street parking, the Board of Appeals of the Town of Hempstead appeals from an order of the Supreme Court, Nassau County (Cozzens, J.), entered March 27, 2002, which granted the petition to the extent of annulling the determination and remitting the matter to the Board of Appeals of the Town of Hempstead for a determination on the merits.

Joseph J. Ra, Town Attorney, Hempstead, N.Y. (Charles S. Kovit and Thomas McKevitt of counsel), for appellant.

Thomas V. Pantelis, Esq., P.C., Mineola, N.Y., for respondent.

Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, STEPHEN G. CRANE, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the appeal is dismissed, without costs or disbursements.

No appeal lies as of right from a nonfinal order in a CPLR article 78 proceeding (see CPLR 5701[b] [1]). Leave to appeal has not been granted and, under the circumstances of this case, we decline to grant leave to appeal sua sponte (see CPLR 5701[c]; Matter of Lomangino v. Village of Babylon, 166 A.D.2d 533).

SANTUCCI, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.


Summaries of

In the Matter of Israel v. Bd. of Appeals

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 2003
304 A.D.2d 834 (N.Y. App. Div. 2003)
Case details for

In the Matter of Israel v. Bd. of Appeals

Case Details

Full title:IN THE MATTER OF YOUNG ISRAEL OF MERRICK, respondent, v. BOARD OF APPEALS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 28, 2003

Citations

304 A.D.2d 834 (N.Y. App. Div. 2003)
757 N.Y.S.2d 863

Citing Cases

Wood v. Port Wash. Police Dist.

The order appealed from is not appealable as a matter of right, as no appeal lies as of right from a nonfinal…

Master Built Homes II Corp. v. N.Y.C. Dep't of Buildings

That portion of the order and interlocutory judgment is not appealable as a matter of right, as no appeal…