| Esposito v Diaz |
| Motion No: 2006-04452 |
| Slip Opinion No: 2006 NYSlipOp 82938(U) |
| Decided on December 27, 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
M48714
E/sl
ANITA R. FLORIO, J.P.
ROBERT A. SPOLZINO
ROBERT A. LIFSON
JOSEPH COVELLO, JJ.
|
2006-04452 Lawrence P. Esposito, etc., et al., plaintiff, v Ruth Diaz, et al., defendants.
(Index No. 15819/04)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated March 20, 2006, and cross motion by the defendants Eva Chalas, Michael L. Pearl, and Long Island Gynecologic Oncologists, P.C., to dismiss the appeal from the order purportedly taken as of right.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted, and the appeal purportedly taken as of right is dismissed, without costs or disbursements.
FLORIO, J.P., SPOLZINO, LIFSON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court