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IN THE MATTER OF FLEMING v. NEW YORK CITY DEPT. OF ENVTL. PROTECTION

2008-03714, 2008-03717.

66 A.D.3d 777 (2009)

887 N.Y.S.2d 206

2009 NY Slip Op 7412

In the Matter of MAUREEN FLEMING et al., Appellants, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION et al., Respondents.

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

Decided October 13, 2009.

Ordered that the appeals from the order are dismissed, as no appeal lies as of right from an intermediate order in a proceeding pursuant to CPLR article 78 (see CPLR 5701 [b] [1]), and we decline to grant leave to appeal in view of the fact that a final judgment has been entered; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents, payable by the appellants appearing...

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