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MATTER OF LONG ISLAND FIBER EXCHANGE, INC. v. BOARD OF EDUCATIONAL SERVICES FOR FIRST SUPERVISORY DISTRICT OF SUFFOLK COUNTY

38 A.D.3d 897 (2007)

831 N.Y.S.2d 330

In the Matter of LONG ISLAND FIBER EXCHANGE, INC., Respondent, v. BOARD OF EDUCATIONAL SERVICES FOR FIRST SUPERVISORY DISTRICT OF SUFFOLK COUNTY, Appellant, et al., Respondents.

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

Decided March 27, 2007.

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

The order dated November 3, 2005, which did not annul the determination sought to be reviewed, and thus neither granted nor denied the relief requested in the petition, is not appealable as of right (see CPLR 5701 [b]; Matter of Turek v Town of Clarkstown Zoning Bd. of Appeals, 288 A.D.2d 479 [2001];

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