Matter of Cohn v Last Choice Real Estate Corp.
Motion No: 2008-05736
Slip Opinion No: 2008 NYSlipOp 81193(U)
Decided on August 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M74942

E/cb

WILLIAM F. MASTRO, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2008-05736

In the Matter of Robert Cohn, etc., respondent,

v Last Choice Real Estate Corp., et al.,

appellants.

(Index No. 20605/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered May 16, 2008.

Upon the papers filed in support of the motion and the papers filed or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted.

MASTRO, J.P., LIFSON, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court