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MATTER OF YOUNG ISRAEL OF MERRICK v. BOARD OF APPEALS OF TOWN OF HEMPSTEAD

304 A.D.2d 834 (2003)

757 N.Y.S.2d 863

In the Matter of YOUNG ISRAEL OF MERRICK, Respondent, v. BOARD OF APPEALS OF TOWN OF HEMPSTEAD, Appellant.

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

Decided April 28, 2003.

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

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