SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
October 27, 1969
IN THE MATTER OF THE COUNTY OF NASSAU, APPELLANT, RELATIVE TO ACQUIRING TITLE TO REAL PROPERTY FOR DRAINAGE PURPOSES ON THE WEST SIDE OF WILLIS AVENUE BETWEEN CENTER STREET AND HAWTHORNE STREET IN CONNECTION WITH STORM WATER BASIN NO. 127, INC., VILLAGE OF WILLISTON PARK. WILLIAM F. CHATLOS, RESPONDENT
In a condemnation proceeding, the condemnor appeals from an order of the Supreme Court, Nassau County, entered February 6, 1969, which granted a claimant's motion for an open commission to take his deposition in Florida.
Brennan, Acting P. J., Hopkins, Benjamin, Munder and Kleinfeld, JJ., concur.
The order is an intermediate order and therefore is not appealable (Nassau County Administrative Code, § 11-57.0, L. 1939, ch. 272, as amd.; Matter of Board of Educ. of Union Free School Dist. No. 1 [ Phipps ], 2 A.D.2d 895; cf. Matter of Town of Huntington [ Lambert-Bd. of Trustees of Town of Huntington ], 25 A.D.2d 537; Great Neck Water Auth. v. Citizens Water Supply Co. of Newtown, 12 N.Y.2d 167). We have, however, considered the merits, and would affirm the order were we not dismissing the appeal.
Appeal dismissed, with $10 costs and disbursements.
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