Majority
p. 760Glacial Aggregates LLC, Respondent, v Town of Yorkshire, Appellant. Submitted November 22, 2010; decided February 15, 2011
Motion to vacate the Court’s October 22, 2010 dismissal order granted [see 15 NY3d 891 (2010)]. On the Court’s own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.