Saginor v Brook
Motion No: 2006-03099
Slip Opinion No: 2006 NYSlipOp 82226(U)
Decided on December 19, 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

M48429

E/sl

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT J. LUNN

DANIEL D. ANGIOLILLO, JJ.

2006-03099

Gregory Saginor, plaintiff-respondent,

v Richard E. Brook, et al., defendants-

respondents, Marc G. Schultz, appellant.

(Index No. 28097/04)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 7, 2006, on the ground that no appeal lies from an order denying resettlement.

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

ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements (see J. A. Valenti Elec. Co. v Power Line Constructors, 23 AD3d 604).

RITTER, J.P., SPOLZINO, LUNN and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court