Altmann v Finger
Motion No: 2006-06360
Slip Opinion No: 2006 NYSlipOp 74732(U)
Decided on August 31, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M43876

A/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2006-06360

Joseph Altmann, respondent,

v Mary Ellen Finger, appellant.

(Action No. 1)

(Index No. 1213/01)

Mary Ellen Finger, appellant,

v Joseph Altmann, respondent, et al.,

defendants

(and a third-party action).

(Action No. 2)

(Index No. 601189/05)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Putnam County, dated June 13, 2006, on the ground that the judgment was entered on consent and is therefore not appealable.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied (see Pizzuto v Pizzuto, 162 AD2d 443).

PRUDENTI, P.J., CRANE, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court