Peter G. Cafferty v John E. Cahill, & c.

Motion No: 1102

Slip Opinion No: 2008 NYSlipOp 90413

Decided on December 2, 2008

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

Peter G. Cafferty et al., Appellants, v. John E. Cahill, & c., et al., Respondents, et al., Defendants.

On the Court's own motion, appeal insofar as taken from that portion of the Appellate Division order that affirmed Supreme Court's denial of appellants' motion to amend the complaint, dismissed, without costs, upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; appeal otherwise dismissed, without costs, upon the ground that no substantial constitutional question is directly involved.

Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed Supreme Court's denial of appellants' motion to amend the complaint, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.