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MATTER OF WETHERALL v. TOWN OF ISLIP ZONING BOARD OF APPEALS

70 A.D.3d 709 (2010)

892 N.Y.S.2d 879

In the Matter of BARRY WETHERALL et al., Respondents, v. TOWN OF ISLIP ZONING BOARD OF APPEALS et al., Respondents, and JEROME FEDER et al., Proposed Intervenor-Appellants.

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

Decided February 2, 2010.

Ordered that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 and, under the circumstances of this case, we decline to grant leave to appeal (see CPLR 5701 [b] [1]; Matter of DiMeglio v Village of Briarcliff Manor, N.Y., 58 A.D.3d 840 [2009]; Matter of Pace v Pleus,<...

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