| Ballan v Kaplan |
| Motion No: 2007-06906 |
| Slip Opinion No: 2007 NYSlipOp 76082(U) |
| Decided on August 20, 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
M58711
E/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
STEVEN W. FISHER
DANIEL D. ANGIOLILLO, JJ.
|
2007-06906 Jonathan Ballan, et al., plaintiffs, v Michael Kaplan, et al., defendants. (Index No. 07-12546)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs on an appeal from an order of the Supreme Court, Westchester County, dated July 19, 2007, inter alia, to enjoin the defendants Michael Kaplan and Alison Kaplan from performing certain construction work pending hearing and determination of the appeal.
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 appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see CPLR 5701[b][1]), and leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied as academic.
GOLDSTEIN, J.P., SKELOS, FISHER and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court