| Berry v Williams |
| Motion No: 2007-05674 |
| Slip Opinion No: 2007 NYSlipOp 81222(U) |
| Decided on October 18, 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
M61217
S/sl
ROBERT W. SCHMIDT, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
THOMAS A. DICKERSON, JJ.
|
2007-05674, 2007-05675 David Berry, et al., respondents, v Randolph L. Williams, etc., et al., appellants. (Index No. 4973/00)
| DECISION & ORDER ON MOTION |
Appeals by the defendants from two orders of the Supreme Court, Dutchess County, dated May 3, 2007, and May 4, 2007.
Now, on the court's own motion, it is
ORDERED that the appeal from the order dated May 4, 2007, pending under Appellate Division Docket No. 2007-05675, is dismissed, without costs or disbursements, as no appeal lies from an order denying a motion to set aside or vacate a decision (see Matter of Colonial Penn Ins. Co. v Cudley, 144 AD2d 363).
SCHMIDT, J.P., KRAUSMAN, GOLDSTEIN and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court