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HARRIMAN ESTATES AT AQUEBOGUE, LLC res, v. TOWN OF RIVERHEAD, ET AL., ap

MATTER OF HARRIMAN ESTATES AT AQUEBOGUE, LLC res, v. TOWN OF RIVERHEAD, ET AL., ap — (INDEX NO. 44846/10)In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the respondent/defendant Town Board of the Town of Riverhead dated October 5, 2010, which denied the petitioners/plaintiffs' claim, pursuant to Town Law §§118 and 119, for an audit and a refund of fees, and action, inter alia, for a refund of the fees, the respondents/defendants appeal from an order of the Supreme Court, Suffolk County (Santorelli, J.), dated May 27, 2015, which denied their motion for summary judgment dismissing the petition/complaint, and granted the petitioners/plaintiffs' cross motion pursuant to CPLR 3124 to compel discovery.

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MATTER OF HARRIMAN ESTATES AT AQUEBOGUE, LLC res, v. TOWN OF RIVERHEAD, ET AL., ap — (INDEX NO. 44846/10)In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the respondent/defendant Town Board of the Town of Riverhead dated October 5, 2010, which denied the petitioners/plaintiffs’ claim, pursuant to Town Law §§118 and 119, for an audit and a refund of fees, and action, inter alia, for a refund of the fees, the respondents/defendants appeal from an order of the Supreme Court, Suffolk County (Santorelli, J.), dated May 27, 2015, which denied their motion for summary judgment dismissing the petition/complaint, and granted the petitioners/plaintiffs’ cross motion pursuant to CPLR 3124 to compel discovery.

ORDERED that on the Court’s own motion, the notice of appeal from so much of the order as denied that branch of the appellants’ motion which was for summary judgment dismissing the causes of action asserted pursuant to CPLR article 78 is deemed to be an application for leave to appeal from those portions of the order, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

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