Municipal Testing Lab., Inc. v Aleksandr Brom

Motion No: 1310

Slip Opinion No: 2008 NYSlipOp 60628

Decided on January 10, 2008

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.

Municipal Testing Laboratory, Inc., Respondent, v. Aleksandr Brom et al., Appellants.

Motion by Municipal Testing Laboratory, Inc. to dismiss the appeal herein granted and appeal dismissed, with four hundred dollars costs and one hundred dollars costs of motion, upon the ground that as to the appeal from the March 2007 Appellate Division order of reversal, no appeal lies from this order from which an appeal has already been taken and dismissed (see 8 NY3d 1004 [2007]), and that as to the appeal from the October 2007 Appellate Division order dismissing appellants' motion for reargument, the order does not finally determine the action within the meaning of the Constitution.

Motion by appellants Brom, insofar as it seeks leave to appeal from the March 2007 Appellate Division order of reversal, dismissed upon the ground that no motion for leave to appeal lies from this order from which a prior motion for leave to appeal has been taken (see 8 NY3d 1004 [2007]); motion, insofar as it seeks leave to appeal from the October 2007 Appellate Division order dismissing appellants' motion for reargument, dismissed upon the ground that such order does not finally determine the action within the meaning of the Constitution.