| Lerner v CJUF II Hanson, LLP |
| Motion No: 2005-11547 |
| Slip Opinion No: 2006 NYSlipOp 60191(U) |
| Decided on January 4, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
Appellate Division: Second Judicial Department
M34372
T/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-11547 Ian Lerner, etc., plaintiff, v CJUF II Hanson, LLP, defendant. (Index No. 24265/04)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Kings County, dated December 9, 2005, and to stay the defendant from terminating electrical service to him at the subject property pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the appeal taken as of right by the plaintiff is dismissed, without costs or disbursements, as the order is not appealable as of right (see CPLR 5701), and leave to appeal has not been granted; and it is further,
ORDERED that the motion is otherwise denied as academic.
GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court