| Incherchera v Nicastro |
| Motion No: 2006-03644 |
| Slip Opinion No: 2006 NYSlipOp 70247(U) |
| Decided on June 13, 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
M40687
A/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2006-03644
Rosa Incherchera, et al., respondents, v Jeffrey M. Nicastro, etc., appellant, et al., defendant. (Index No. 103455/05)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondents, in effect, to dismiss an appeal from an order of the Supreme Court, Richmond County, dated March 28, 2006, on the ground that the order is not appealable as of right, and cross motion by the appellant for leave to appeal from the order.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see CPLR 5701[b][1]); and it is further,
ORDERED that the cross motion is denied.
CRANE, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court