IN RE: Fan ZHANG (2026)

DECISION & ORDER

In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent/defendant Paul Feiner, in his official capacity as Supervisor of the Town of Greenburgh, dated September 27, 2024, which, after a hearing, determined that a petition for the incorporation of the proposed Village of Edgemont did not comply with the requirements of Village Law article 2, and action for a judgment declaring that the petition for the incorporation of the proposed Village of Edgemont complies with the requirements of Village Law article 2, the appeal is from an order of the Supreme Court, Westchester County (Melissa A. Loehr, J.), dated September 24, 2025.  The order, insofar as appealed from, granted the petitioners/plaintiffs' cross-motion pursuant to CPLR 408 and 3042(e) to vacate demands for bills of particulars, and denied the respondents/defendants' motion pursuant to CPLR 3042 and 3126 to strike the petition/complaint.

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

The appeal from the order must be dismissed, as no appeal lies as of right from an intermediate order entered in a proceeding pursuant to CPLR article 78 (see id. § 5701[b][1] ), and because any possibility of direct appeal therefrom terminated with the entry of an order and judgment in the matter (see Matter of Aho, 39 NY2d 241, 248).  The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the order and judgment (see CPLR 5501[a][1];  Matter of Zhang v Feiner, ––– AD3d –––– [Appellate Division Docket No. 2026–03201;  decided herewith] ).

DILLON, J.P., CHRISTOPHER, WARHIT and GOLDBERG VELAZQUEZ, JJ., concur.