| Anne N. Mckenna, By Her Attorneys In Fact, Laura Mckenna & Christine M. Kessler, & Laura Mckenna & Christine Kessler As Trustees of Anne N. Mckenna Irrevocable Trust v Hult 422-07 Anne E. Mckenna Faraldo |
| Motion No: 2008-01102 SC |
| Slip Opinion No: 2008 NYSlipOp 83252(U) |
| Decided on August 27, 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| ANNE N. McKENNA, by her attorneys in fact, LAURA McKENNA and CHRISTINE M. KESSLER, and LAURA McKENNA and CHRISTINE KESSLER as TRUSTEES OF THE ANNE N. McKENNA IRREVOCABLE TRUST, Respondents, Lower Court # -against- HULT 422-07 ANNE E. McKENNA FARALDO, Appellant-Applicant, ROCCO DANIEL FARALDO, "JOHN DOE" and "JANE DOE", Respondents. |
DECISION
Application by occupant Anne E. McKenna Faraldo pursuant to CPLR 5704 (b) seeking to have this court sign an order to show cause refused by the District Court, Suffolk County (C. Steven Hackeling, J.) on June 7, 2008 denied.
On the court's own motion, appeal by occupant from undated order of the court below which, inter alia, treated occupant's motion to dismiss as one for summary judgment dismissed.
By order dated July 9, 2008, the District Court granted occupant's motion to dismiss the petition, rendering the instant application pursuant to CPLR 5704 (b) and occupant's appeal from the undated interim order of the District Court moot.