MATTER OF 999 HEMPSTEAD TURNPIKE, LLC v. BOARD OF APPEALS OF THE TOWN OF HEMPSTEAD

2019-08746, 2019-12377. Index No. 600534/19.

207 A.D.3d 716 (2022)

173 N.Y.S.3d 256

2022 NY Slip Op 04721

In the Matter of 999 Hempstead Turnpike, LLC, Respondent, v. Board of Appeals of the Town of Hempstead, Appellant.

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

Decided July 27, 2022.


Attorney(s) appearing for the Case

Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, NY ( Joseph E. Macy and Daniel J. Evers of counsel), for appellant.

McLaughlin & Stern, LLP, Garden City, NY ( Christian Browne of counsel), for respondent.

Dillon, J.P., Duffy, Genovesi and Ford, JJ., concur.


Motion by the petitioner to dismiss the appeal from the order and judgment on the ground that no appeal lies from an order and judgment entered upon the default of the appealing party. By decision and order on motion dated September 9, 2020, the motion was held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

Upon the papers filed in support of the motion and the papers filed in opposition...

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