In re County of Nassau — 33 A.D.2d 576

Majority

p. 576

(October 27, 1969)

In the Matter of the County of Nassau, Appellant, Relative to Acquiring Title to Real Property for Drainage Purposes on the West Side of Willis Avenue between Center Street and Hawthorne Street in Connection with Storm Water Basin No. 127, Inc., Village of Williston Park. William F. Chatlos, Respondent.

In a condemnation proceeding, the condemnor appeals from an order of the Supreme Court, Nassau County, entered February 6, 1969, which granted a claimant’s motion for an open commission to take his deposition in Florida. Appeal dismissed, with $10 costs and disbursements. The order is an intermediate order and therefore is not appealable (Nassau County Administrative Code, § 11-57.0, L. 1939, ch. 272, as amd.; Matter of Board of Educ. of Union Free School Dist. No. 1 [Phipps], 2 A D 2d 895 ; cf. Matter of Town of Huntington [Lambert-Bd. of Trustees of Town of Huntington], 25 A D 2d 537 ; Great Neck Water Auth. v. Citizens Water Supply Co. of Newtown, 12 N Y 2d 167 ). We have, however, considered the merits, and would affirm the order were we not dismissing the appeal. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Kleinfeld, JJ., concur.

Cases cited

Great Neck Water Authority v. Citizens Water Supply Co. 12 N Y 2d 167 N.Y. 1962-12-31 p. 576