Kinzer v Bederman
Motion No: 2008-05737
Slip Opinion No: 2008 NYSlipOp 83543(U)
Decided on September 18, 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

M75906

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

2008-05737

Louise Kinzer, et al., respondents,

v Ross Bederman, etc., et al., appellants.

(Index No. 19785/07)

DECISION & ORDER ON MOTION

Motion by Ross Bederman and Front Street Dental Services, P.C., for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated May 28, 2008.

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

ORDERED that the branch of the motion which is for leave to appeal from so much of the order dated May 28, 2008, as denied the motion to strike scandalous and prejudicial language from the complaint is granted; and it is further,

ORDERED that the motion is otherwise denied as unnecessary as the remainder of the order is appealable as of right.

RIVERA, J.P., MILLER, ANGIOLILLO and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court