Curreri v Heritage Property Investment Trust, Inc.
Motion No: 2008-11468
Slip Opinion No: 2009 NY Slip Op 72074(U)
Decided on May 11, 2009
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

M86370

E/cb

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

FRED T. SANTUCCI

JOSEPH COVELLO, JJ.

2008-11468

Jacqueline Curreri, plaintiff,

v Heritage Property Investment Trust, Inc.

defendant, Servus, Inc., etc., appellant,

Parkline Asphalt Maintenance, Inc., respondent.

(Index No. 24418/04)

DECISION & ORDER ON MOTION

Motion by Servus, Inc., for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated October 29, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements.

RIVERA, J.P., SKELOS, SANTUCCI and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court