Opinion
No. 2008-10993.
January 26, 2010.
In an action, inter alia, to recover damages for breach of a contract for the sale of real property and for specific performance of that contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Pitts, J.), dated September 2, 2008, which, in effect, held in abeyance his motion for summary judgment awarding damages for breach of contract and, thereupon, for a judgment awarding damages in lieu of a prior judgment in his favor on the cause of action for specific performance, pending a certain determination by the Brookhaven Town Planning Board.
Cahn Cahn, LLP, Melville, N.Y. (Daniel K. Cahn of counsel), for appellant.
Before: Prudenti, P.J., Covello, Lott and Sgroi, JJ., concur.
Ordered that the appeal is dismissed, without costs or disbursements.
The order appealed from did not decide the plaintiffs motion, but instead, in effect, held it in abeyance pending a certain determination by the Brookhaven Town Planning Board. Accordingly, no appeal lies as of right from that order ( see CPLR 5701 [a] [2]; Acunto v Stewart Ave. Gardens, LLC, 26 AD3d 305; Abrahamsen v Brockway Glass Co., 119 AD2d 612), and we decline to grant leave to appeal in light of our determination on the companion appeal ( see Lambert v Schreiber, 69 AD3d 904 [decided herewith]).