State of New York v Clark E. McLeod

Motion No: 12

Slip Opinion No: 2008 NYSlipOp 63896

Decided on February 19, 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.

State of New York et al., Plaintiffs, v. Clark E. McLeod, Defendant. & mdash; & mdash; & mdash; & mdash; & mdash; & mdash; & mdash; & mdash; & mdash; & mdash; & mdash; & mdash; & mdash; & mdash; & mdash; & mdash;- McLeodUSA, Incorporated, Intervenor-Appellant, v. Eliot Spitzer, Attorney General of the State of New York, Respondent.

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution (Karger, Powers of the New York Court of Appeals 5:17, at 150 [3d ed rev]).