Congregation Atzei Chaim v 26 Adar N.B. Corp.
Motion No: 2005-06438 +1
Slip Opinion No: 2006 NYSlipOp 80764(U)
Decided on November 29, 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

M47382

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2005-06438, 2005-12023

Congregation Atzei Chaim, appellant, v

26 Adar N.B. Corp., et al., respondents.

(Index No. 47047/96)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate a decision and order of this court dated August 1, 2006, which dismissed appeals from two orders of the Supreme Court, Kings County, dated May 10, 2005, and November 4, 2005, respectively, on the ground that the orders were not appealable as of right and leave to appeal had not been granted and for leave to appeal to this court from the two orders.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., SANTUCCI, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court