Tarricone Fuel Serv., Inc. v Martin Gorki, Individually & Max 2 Realty Group, LLC a/k/a Max Ii Realty Group, L.L.C. a/k/a Elite Prop.

Tarricone Fuel Serv., Inc. v Martin Gorki, Individually & Max 2 Realty Group, LLC a/k/a Max Ii Realty Group, L.L.C. a/k/a Elite Prop.

Motion No: 2008-00594 WC

Slip Opinion No: 2008 NYSlipOp 80895(U)

Decided on August 20, 2008

Appellate Term, 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.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : McCABE, J.P., TANENBAUM and SCHEINKMAN, JJ.

NO. 2008-594 W C

TARRICONE FUEL SERVICE, INC.,

Respondent,

-against-

MARTIN GORKI, INDIVIDUALLY AND MAX 2
REALTY GROUP, LLC a/k/a MAX II REALTY
GROUP, LLC. a/k/a ELITE PROPERTY,

Defendants.

DECISION

Motion by by defendants seeking leave to appeal by permission pursuant to UJCA 1702 (c) is denied.

An appeal can be taken as of right where, as in the instant action, the motion decided is made upon notice (see UJCA 1702 [a] [2]).