Marotta v. Scheyer

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Islip dated January 31, 2005, which, after a hearing, denied the petitioners’ application for an area variance, the petitioners appeal from (1) a decision of the Supreme Court, Suffolk County (Werner, J.), dated September 23, 2005, and (2) a judgment of the same court entered December 9, 2005, which, upon the decision, denied the petition and dismissed the proceeding.

*646Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a…