| Flotteron v SKR Building Corp. |
| Motion No: 2008-00501 |
| Slip Opinion No: 2008 NYSlipOp 84658(U) |
| Decided on October 2, 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
M76349
E/sl
ROBERT A. LIFSON, J.P.
DAVID S. RITTER
HOWARD MILLER
RUTH C. BALKIN, JJ.
|
2008-00501 Sally Flotteron, et al., respondents, v SKR Building Corp., et al., defendants, Sherif Farag, et al., appellants. (Index No. 102713/06)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Richmond County, dated December 6, 2007, on the ground that the appellants are not aggrieved by the order dated December 6, 2007.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Richmond County, to report on whether it considered the affirmation of Edward R. Finkelstein, the attorney for Sherif Farag and Gihan Farag, dated August 30, 2007, to join in the cross motion of SKR Building Corp. for summary judgment dismissing the complaint, and treated Sherif Farag and Gihan Farag as joint movants on the cross motion, which resulted in the order dated December 6, 2007. The Supreme Court, Richmond County, shall file its report with all convenient speed; and it is further,
ORDERED that the motion is held in abeyance in the interim.
LIFSON, J.P., RITTER, MILLER and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court