Pokoik v. Department of Health Services

— In a proceeding pursuant to CPLR article 78 to compel the appellants to comply with Public Health Law § 1340 (2) (a), the Village of Ocean Beach appeals from an order of the Supreme Court, Suffolk County (Hand, J.), entered February 1, 1990, as amended February 22, 1990, which required them to seek prior permission from the court "for any contemplated action” which might delay timely compliance with a prior order and judgment of the same court dated July 7, 1989.

Ordered that the appeal is dismissed, without costs or disbursements.

*929The appeal from the intermediate order must be dismissed…