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TOWN OF SMITHTOWN v. NORTHEAST MINES, INC.

103 A.D.2d 741 (1984)

Town of Smithtown, Respondent, v. Northeast Mines, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 2, 1984

¶ Appeal from so much of the order as failed to rule upon defendants' motion to resettle the judgment dismissed, without costs or disbursements. No appeal lies from a portion of an order or judgment which fails to decide a motion and leaves it pending and undecided (Katz v Katz, 68 A.D.2d 536, 542-543). In all other respects, order affirmed insofar as appealed from, without costs or disbursements. ¶ Appeal from the judgment...

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