| Weed v County of Orange |
| Motion No: 2009-10493 |
| Slip Opinion No: 2010 NY Slip Op 64397(U) |
| Decided on February 25, 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
M99138
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
|
2009-10493 Shandi Weed, appellant, v County of Orange, respondent, Thomas Boyle III, et al., defendants. (Index No. 06-10124)
| DECISION & ORDER ON MOTION |
Motion by Reclamation, Inc., of Kingston and Reclamation Incorporated, in effect, to dismiss so much of an appeal from a judgment of the Supreme Court, Orange County, entered October 5, 2009, as purportedly brings up for review an order of the same court dated March 31, 2009, which, inter alia, granted the motion of Reclamation, Inc., of Kingston and Reclamation Incorporated for summary judgment dismissing the complaint insofar as asserted against them.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied as unnecessary, as the appeal from the judgment dated October 5, 2009, does not bring up for review the order of the same court dated March 31, 2009, as the judgment only dismisses the complaint insofar as asserted against the defendant County of Orange.
SKELOS, J.P., FLORIO, HALL and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court