| Hunter v City of New York |
| Motion No: 2006-11414 |
| Slip Opinion No: 2007 NYSlipOp 62406(U) |
| Decided on February 2, 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. |
Appellate Division: Second Judicial Department
M50317
E/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2006-11414 Tothlyn Hunter, etc., et al., appellants, v City of New York, et al., respondents (and a third-party action). (Index No. 20564/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent Eastern Locating Service, Inc., to dismiss an appeal from an order of the Supreme Court, Queens County, dated October 25, 2006, on the ground that the order is not appealable as of right and leave to appeal has not been granted.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appellant's notice of appeal from the order dated October 25, 2006, is deemed to be an application for leave to appeal to this court, and leave to appeal is granted (see CPLR 5701[c]; Sauray v City of New York, 261 AD2d 601); and it is further,
ORDERED that the motion is denied.
RIVERA, J.P., SKELOS, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court