ELPA BLDRS., INC. v. STATE OF NEW YORK

2020-01684. 2020-01747.

196 A.D.3d 541 (2021)

2021 NY Slip Op 04343

Elpa Builders, Inc., Appellant, v. State of New York, Respondent.

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

Decided July 14, 2021.


Attorney(s) appearing for the Case

Flower, Medalie & Markowitz, Bay Shore, NY (Edward Flower, of counsel) for appellant.

Letitia James, Attorney General, New York, NY (Anisha S. Dasgupta and Ari J. Savitzky of counsel), for respondent.

Mastro, J.P., Duffy, Brathwaite Nelson and Dowling, JJ., concur.


Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 A.D.2d 509 [1984]); and it is further,

Ordered that the judgment is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the defendant.

The claimant is the owner of a 53,645-square-foot parcel of

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