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MATTER OF BARDEN v. MOSCA

266 A.D.2d 390 (1999)

698 N.Y.S.2d 151

In the Matter of GEORGE BARDEN, Respondent, v. MICHAEL MOSCA, Individually and as Chief of Police of the City of Mount Vernon, et al., Appellants.

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

Decided November 15, 1999.

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

No appeal lies from a nonfinal order in a proceeding pursuant to CPLR article 78 (see, CPLR 5701 [b] [1]; Matter of Simonsen v Zoning Bd. of Appeals, 263 A.D.2d 326). The appellants did not seek leave to appeal and we decline to sua sponte grant leave. Accordingly, the appeal...

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