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In the Matter of DOROTHEA J. SIMONSEN, respondent-appellant, v. ZONING BOARD OF APPEALS OF THE TOWN OF HUNTINGTON, et al., appellants-respondents.

DECISION ORDER

ORDERED that the appeal and cross appeal are dismissed, without costs or disbursements.

No appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 ( see, Matter of Okebiyi v. Cortines, 239 A.D.2d 421). None of the parties sought leave to appeal and we decline to grant leave ( see, Anagnos v. Hangac, 239 A.D.2d 533). Accordingly, the appeal and cross appeal are dismissed.

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MATTER OF SIMONSEN v. ZONING BOARD OF APPEALS
(Jun 1, 1999)