Melanie L. McCulley v Scott C. Sandwick

Motion No: 1294 SSD 63

Slip Opinion No: 2007 NYSlipOp 83908

Decided on November 19, 2007

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law & sect; 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

Melanie L. McCulley et al., Appellants, v. Scott C. Sandwick, Respondent.

Appeal, insofar as taken from that portion of the Appellate Division order that affirmed the denial of appellants' CPLR 4404 post-judgment motion, dismissed, without costs, by the Court sua sponte, upon the ground that such portion of the order does not finally determine the action within the meaning of the Consti- tution; appeal otherwise dismissed, without costs, by the Court sua sponte, upon the ground that the two-justice dissent is not on a question of law (see CPLR 5601[a]; Karger, Powers of the New York Court of Appeals 14:3, at 501 [rev 3d ed]).