| Pinto v Tenenbaum |
| Motion No: 2009-10252 |
| Slip Opinion No: 2010 NY Slip Op 61595(U) |
| Decided on January 22, 2010 |
| 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
M97641
S/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2009-10252 Russell Pinto, et al., plaintiffs, v Moshe Tenenbaum, et al., defendants. (Index No. 35332/05)
| DECISION & ORDER ON MOTION |
Appeal by the defendant Moshe Tenenbaum from an order of the Supreme Court, Kings County, dated September 22, 2009. By decision and order on motion dated January 12, 2010, the plaintiff's motion for leave to appeal from the order dated September 22, 2009, was denied.
Now, on the court's own motion, it is
ORDERED that the appeal by the defendant Moshe Tenenbaum is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701).
FISHER, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court