| Schreiber-Cross v State of New York |
| Motion No: 2005-11998 |
| Slip Opinion No: 2006 NYSlipOp 62849(U) |
| Decided on February 9, 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 is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M35946
Y/sl
DAVID S. RITTER, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-11998 Stacy Schreiber-Cross, etc., et al., claimants, v State of New York, defendant. (Claim No. 107259)
| DECISION & ORDER ON MOTION |
Motion by the claimants for leave to appeal to this court from an order of the Court of Claims dated November 9, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal from so much of the order as denied that branch of the underlying motion which was to vacate so much of a prior order dated August 31, 2005, as precluded the claimants' expert from testifying at trial, is denied, as that portion of the order is not appealable by right or permission (see Keeley v Tracy, 19 AD3d 460); and it is further,
ORDERED that the motion is otherwise denied as unnecessary as the remaining portions of the order are appealable as of right (see CPLR 5701).
RITTER, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court