| J.M. Builders & Associates, Inc. v Lindner |
| Motion No: 2007-10772 |
| Slip Opinion No: 2007 NYSlipOp 85800(U) |
| Decided on December 11, 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
M63345
E/sl
HOWARD MILLER, J.P.
ROBERT A. SPOLZINO
DAVID S. RITTER
THOMAS A. DICKERSON, JJ.
|
2007-10772 J.M. Builders & Associates, Inc., respondent, v James Lindner, et al., appellants. (Index No. 13539-07)
| DECISION & ORDER ON MOTION |
Motion by James A. Lindner and Agnes M. Lindner for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated October 31, 2007, and to stay all proceedings in the action 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 the branch of the motion which is for leave to appeal from so much of the order as denied that branch of the underlying motion which was for a change of venue of the action is denied as unnecessary, as that portion of the order is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the appeal purportedly taken as of right from the remaining portions of the order is dismissed, without costs or disbursements, as those portions of the order are not appealable as of right and leave to appeal has not been granted.
MILLER, J.P., SPOLZINO, RITTER and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court