West Babylon Union Free School District v. Quality Door & Hardware, Inc.

In an action, inter alia, for a judgment declaring the rights of the parties to an easement, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Kitson, J.), dated October 30, 2001, which restricted its use of the easement to specified periods of time and limited the number of vehicles it could use, and imposed a notification requirement in the event of emergency use. Justice Feuerstein has been substituted for the late Justice O’Brien (see 22 NYCRR 670.1 [c]).

Ordered that on the Court’s own motion, the notice of appeal is treated as an application for leave to appeal,…