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DEAN/CARSON TAPPAN, LLC v. STATE OF NEW YORK

2017-01957. 2017-01959.

178 A.D.3d 664 (2019)

115 N.Y.S.3d 364

2019 NY Slip Op 08653

Dean/Carson Tappan, LLC, Appellant, v. State of New York, Respondent.

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

Decided December 4, 2019.

Attorney(s) appearing for the Case

Mitchell Pollack & Associates, PLLC, Tarrytown, NY ( Mitchell B. Pollack of counsel), for appellant.

Letitia James , Attorney General, New York, NY ( Anisha S. Dasgupta and Esther Murdukhayeva of counsel), for respondent.

Mastro, J.P., Roman, Connolly and Iannacci, JJ., concur.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 A.D.2d 509 [1984]); and it is further,

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

Ordered that one bill of costs is awarded to the defendant.

After the Sparkill Creek in Rockland County overflowed its banks during Hurricane Irene in 2011, causing damage to the...

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