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MATTER OF LAIDLAW ENERGY AND ENVIRONMENTAL, INC. v. TOWN OF ELLICOTTVILLE

60 A.D.3d 1284 (2009)

875 N.Y.S.2d 668

In the Matter of LAIDLAW ENERGY AND ENVIRONMENTAL, INC., Respondent, v. TOWN OF ELLICOTTVILLE et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 20, 2009.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from an order denying their motion to dismiss the petition, respondents contend that petitioner did not properly commence this CPLR article 78 proceeding and thus that Supreme Court erred in denying the motion. We reject that contention. Although we note at the outset that no appeal lies as of right from a nonfinal order in a CPLR article 78 proceeding...

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