St. Clair v Masondo
Motion No: 2008-11309
Slip Opinion No: 2008 NYSlipOp 93385(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M80468

S/sl

A. GAIL PRUDENTI, P.J.

ROBERT A. SPOLZINO

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2008-11309

Elrick G. St. Clair, respondent,

v Busisiwe Masondo, appellant.

(Index No. 23513/07)

DECISION & ORDER ON MOTION

Appeal by Busisiwe Masondo from an order of the Supreme Court, Kings County, dated November 12, 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).

PRUDENTI, P.J., SPOLZINO, McCARTHY and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court