| Matter of Campo Bros. v Town of Brookhaven |
| 2008 NY Slip Op 08485 [56 AD3d 468] |
| November 5, 2008 |
| Appellate Division, Second Department |
| In the Matter of Campo Brothers, Respondent, v Town ofBrookhaven et al., Appellants. |
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In a proceeding, inter alia, pursuant to CPLR article 78 to compel the Town of Brookhavento issue a road-opening permit or to hold a hearing on the petitioner's application for such apermit, the Town of Brookhaven, the Building Department of the Town of Brookhaven, and thePlanning Department of the Town of Brookhaven appeal from (1) an order of the Supreme Court,Suffolk County (Tanenbaum, J.), dated April 5, 2006, which denied their motion to dismiss thepetition, and (2) a judgment of the same court dated October 6, 2006, which granted that branchof the petition which was to compel the Town of Brookhaven to hold a hearing on the petitioner'sapplication.
Ordered that the appeals are dismissed, without costs or disbursements.
We dismiss the appeal from the order dated April 5, 2006 because no appeal lies as of rightfrom an intermediate order in a proceeding pursuant to CPLR article 78, and we decline to grantleave to appeal in light of the fact that the appeal has been rendered academic (see CPLR5701 [b] [1]).
The appeal from the judgment dated October 6, 2006 must be dismissed because the issuesraised have been rendered academic by the sale of the subject property pursuant to which thepermit at issue was sought, and no exception to the mootness doctrine is argued or present(see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 713-714 [1980]). Skelos, J.P., Ritter,Florio and Dickerson, JJ., concur.