United Water New Rochelle, Inc. v. Planning Board

—In an action for a judgment declaring that the site plan application of United Water New Rochelle, Inc., dated March 7, 1994, was deemed approved by operation of the Zoning Law of the Town of Eastchester, the defendants appeal from an order of the Supreme Court, Westchester County (Nicolai, *627J.), entered November 21, 2001, which denied their motion to dismiss the complaint for failure to state a cause of action.

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

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated…