Opinion
2002-02016
Argued June 10, 2002
August 12, 2002
Cross motion by the respondents Long Island University, C.W. Post College, and C.W. Post Center at the Long Island University, to dismiss an appeal from an order of the Supreme Court, Suffolk County, entered March 8, 2002, on the ground that the order is not appealable, or alternatively, to enlarge the time to serve and file a brief. By decision and order on motion dated April 11, 2002, that branch of the cross motion which was to dismiss the appeal was held in abeyance and was referred to the Justices hearing the appeal for determination upon the argument or submission thereof.
Upon the papers filed in support of the cross motion, and upon the argument of the appeal, it is
ORDERED that the branch of the cross motion which was to dismiss the appeal is denied (see Herd v. Town of Pawling, 244 A.D.2d 317).
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and TOWNES, JJ., concur.