MATTER OF SIMONSEN v. ZONING BOARD OF APPEALS

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

Jun 1, 1999

Judgment

CaseIQ

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.