| Department of Hous. Preserv. & Dept. of City of New York v Tauba Lindenbaum |
| Motion No: 2007-00770 KC |
| Slip Opinion No: 2007 NYSlipOp 77066(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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| DEPARTMENT OF HOUSING PRESERVATION AND THE DEPARTMENT OF THE CITY OF NEW YORK, Appellant, -against- TAUBA LINDENBAUM, Respondent. -------------------------------------------------------------------------------------------x DEPARTMENT OF HOUSING PRESERVATION AND THE DEPARTMENT OF THE CITY OF NEW YORK, Appellant, -against- IZZY LINDENBAUM, Respondent. -------------------------------------------------------------------------------------------x 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]).