¶1The order appealed from did not decide the plaintiffs motion, but instead, in effect, held it in abeyance pending a certain determination by the Brookhaven Town Planning Board. Accordingly, no appeal lies as of right from that order (see CPLR 5701 [a] [2]; Acunto v Stewart Ave. Gardens, LLC, 26 AD3d 305 [2006]; Abrahamsen v Brockway Glass Co., 119 AD2d 612 [1986]), and we decline to grant leave to appeal in light of our determination on the companion appeal (see Lambert v Schreiber, 69 AD3d 904 [2010] [decided herewith]). Prudenti, EJ., Covello, Lott and Sgroi, JJ., concur.
69 A.D.3d 906
Lambert v. Schreiber
Appellate Division of the Supreme Court of the State of New York
Decided January 26, 2010
Appellate Division of the Supreme Court of the State of New York · decided 2010-01-26
Decided 2010-01-26