| Hoffman v Malek |
| Motion No: 2008-00677 |
| Slip Opinion No: 2008 NYSlipOp 68749(U) |
| Decided on April 9, 2008 |
| 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
M68720
S/sl
STEVEN W. FISHER, J.P.
EDWARD D. CARNI
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2008-00677 Natalie Hoffman, respondent, v Jacob Malek, appellant. (Index No. 200446/07)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated March 7, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal by Jacob Malek from an order of the Supreme Court, Nassau County, entered December 19, 2007.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from an order which directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp, 86 AD2d 589), and leave to appeal has not been granted.
FISHER, J.P., CARNI, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court