LAMBERT v. SCHREIBER

2008-10993

69 A.D.3d 906 (2010)

892 N.Y.S.2d 796

2010 NY Slip Op 651

DONALD LAMBERT, Appellant, v. LAURENCE E. SCHREIBER, Respondent.

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

Decided January 26, 2010.


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

The order appealed from did not decide the plaintiff's motion, but instead, in effect, held it in abeyance pending a certain determination by the Brookhaven Town Planning Board. Accordingly, no appeal lies as of right from that order (see CPLR 5701 [a] [2]; Acunto v Stewart Ave. Gardens, LLC, 26 A.D.3d 305 [2006]; Abrahamsen v Brockway Glass Co...

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