MATTER OF SMITH v. BD. OF APPEALS OF THE TOWN OF ISLIP


202 A.D.2d 674 (1994)

609 N.Y.S.2d 912

In the Matter of Robert Smith et al., Respondents, v. Board of Appeals of the Town of Islip et al., Appellants. (Proceeding No. 1.) In the Matter of Edward Mooney et al., Appellants, v. Board of Appeals of the Town of Islip et al., Respondents. (Proceeding No. 2.)

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

March 28, 1994


Ordered that on the Court's own motion, the notice of appeal of the Board of Appeals and its members is treated as an application for leave to appeal from that part of the order which annulled the determination in part and remitted certain issues in Proceeding No. 1 to the Board of Appeals, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof which remitted...

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