| Estates at Mountainview, Ltd. v Nakazawa |
| Motion No: 2008-04285 |
| Slip Opinion No: 2008 NYSlipOp 93360(U) |
| Decided on December 31, 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
M80491
S/sl
HOWARD MILLER, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
ARIEL E. BELEN, JJ.
|
2008-04285 Estates at Mountainview, Ltd., respondent-appellant, v Hiroshi Nakazawa, appellant-respondent. (Index No. 04-2597)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 14, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal by Hiroshi Nakazawa and cross appeal by Estates at Mountainview, Ltd., from an order of the Supreme Court, Rockland County, dated March 13, 2008.
Now, on the court's own motion, it is
ORDERED the appeal and cross appeal are dismissed, without costs or disbursements, as no appeal lies from an order determining the admissibility of evidence in advance of trial (see Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600), and because the respondent-appellant is not aggrieved by the order appealed from (see CPLR 5511).
MILLER, J.P., DICKERSON, LEVENTHAL and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court