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BROTHERS v. TOWN OF BROOKHAVEN

56 A.D.3d 468 (2008)

865 N.Y.S.2d 918

In the Matter of CAMPO BROTHERS, Respondent, v. TOWN OF BROOKHAVEN et al., Appellants.

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

Decided November 5, 2008.

Ordered that the appeals are dismissed, without costs or disbursements.

We dismiss the appeal from the order dated April 5, 2006 because no appeal lies as of right from an intermediate order in a proceeding pursuant to CPLR article 78, and we decline to grant leave to appeal in light of the fact that the appeal has been rendered academic (see CPLR 5701 [b] [1]).

The appeal from the judgment dated October 6, 2006 must be dismissed because the issues...

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