| Board of Managers of Enclave Condominium v DiFabio |
| Motion No: 2007-06663 |
| Slip Opinion No: 2007 NYSlipOp 75901(U) |
| Decided on August 15, 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
M58594
J/sl
A. GAIL PRUDENTI, P.J.
REINALDO E. RIVERA
JOSEPH COVELLO
THOMAS A. DICKERSON, JJ.
|
2007-06663 Board of Managers of Enclave Condominium, appellant, v Massimo DiFabio, respondent.
(Index No. 07-8264)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff, inter alia, for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated July 19, 2007.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements (see CPLR 5701[a][2]).
PRUDENTI, P.J., RIVERA, COVELLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court