Winter v Brown
Motion No: 2007-00371
Slip Opinion No: 2007 NYSlipOp 60967(U)
Decided on January 12, 2007
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

M49334

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

PETER B. SKELOS

WILLIAM E. McCARTHY, JJ.

2007-00371

Henri Winter, respondent,

v Laurence M. Brown, et al., appellants.

(Index No. 06-23154)

DECISION & ORDER ON MOTION

Appeal by the defendants from an ex parte order of the Supreme Court, Westchester County, dated December 1, 2006.

Now on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right or by permission (see CPLR 5701, 5704).

RIVERA, J.P., SANTUCCI, SKELOS and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court