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Town of Babylon v. Middleton

42 N.Y.2d 1013 Court N.Y. Decision date 1977-09-13 English

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p. 1013
Town of Babylon et al., Appellants, v Donald Middleton, as Regional Director of the New York State Department of Environmental Conservation, et al., Respondents.
Submitted August 29, 1977;
decided September 13, 1977

On the court’s own motion, appeal taken as of right dismissed, without costs, and affirmation of intention to move for permission to appeal vacated upon the ground that no appeal lies to the Court of Appeals from the nonfinal and nonreviewable order of the Appellate Division vacating the temporary restraining order.

Motion to vacate statutory stay dismissed as academic.