Dire v MTA/New York City Transit Authority
Motion No: 2008-11068
Slip Opinion No: 2008 NYSlipOp 91847(U)
Decided on December 12, 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

M79834

S/sl

ROBERT A. SPOLZINO, J.P.

STEVEN W. FISHER

HOWARD MILLER

EDWARD D. CARNI, JJ.

2008-11068

Feliciano Dire, appellant,

v MTA/New York City Transit Authority,

et al., respondents.

(Index No. 23021/08)

DECISION & ORDER ON MOTION

Appeal by Feliciano Dire from an order of the Supreme Court, Kings County, dated November 13, 2008.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701).

SPOLZINO, J.P., FISHER, MILLER and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court