| Matter of Gallagher v City of New York |
| Motion No: 2005-11057 |
| Slip Opinion No: 2006 NYSlipOp 71416(U) |
| Decided on July 3, 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
M41770
O/mv
ROBERT W. SCHMIDT, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-11057
In the Matter of Kevin P. Gallagher, respondent, v City of New York, et al., appellants. (Index No. 11217/04)
| ORDER TO SHOW CAUSE |
Appeal by City of New York, Fire Department of City of New York, and Nicholas Scoppetta, as Commissioner of the Fire Department of City of New York, from an order of the Supreme Court, Kings County, dated August 2, 2005. By order to show cause dated May 22, 2006, the parties were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that the order is not appealable as of right and leave to appeal has not been granted. Cross motion by the appellants for leave to appeal to this court from the order dated August 2, 2005, if necessary.
Now, on the court's own motion, it is
ORDERED that the motion is denied, as the order is appealable as of right; and it is further,
ORDERED that the cross motion is denied as academic.
SCHMIDT, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court