Department of Hous. Preserv. & Dept. of City of New York v Tauba Lindenbaum
Motion No: 2007-00770 KC
Slip Opinion No: 2007 NYSlipOp 77044(U)
Decided on September 6, 2007
Appellate Term, 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 TERM : 2nd and 11th JUDICIAL DISTRICTS


PRESENT : PESCE, P.J., WESTON PATTERSON and BELEN, JJ.


NO. 2007-770 K C
NO. 2007-771 K C
NO. 2007-772 K C
DEPARTMENT OF HOUSING PRESERVATION AND
THE DEPARTMENT OF THE CITY OF NEW YORK,

Appellant,
-against-

TAUBA LINDENBAUM,
Respondent.
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DEPARTMENT OF HOUSING PRESERVATION AND
THE DEPARTMENT OF THE CITY OF NEW YORK,

Appellant,

-against-

IZZY LINDENBAUM,

Respondent.
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DEPARTMENT OF HOUSING PRESERVATION AND
THE DEPARTMENT OF THE CITY OF NEW YORK,

Appellant,

-against-

988 EASTERN PARKWAY CORP. and
IZZY LINDENBAUM,
Respondents.

DECISION

Motion by appellant to consolidate appeals 2007-770 KC, 2007-771 KC and 2007-772 KC and enlarge time to perfect the consolidated appeal is denied in its entirety.

On the court's own motion, appeals dismissed.

The three orders appealed essentially directed that a traverse hearing be held to determine whether the respondents were properly served. The orders did not decide the respondents' motions to vacate the default judgments or affect a substantial right and thus the orders are not appealable as of right (see CCA 1702 [a] [2]; Citibank v S & J Inzlicht, Inc., 8 Misc 3d 134[A], 2005 NY Slip Op 51174[U] [App Term, 2d & 11th Jud Dists]).