| LZG Realty, LLC v H.D.W. 2005 Forest, LLC |
| Motion No: 2009-06704 |
| Slip Opinion No: 2010 NY Slip Op 65051(U) |
| Decided on March 9, 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
M99535
E/sl
STEVEN W. FISHER, J.P.
RANDALL T. ENG
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
|
2009-06704 LZG Realty, LLC, et al., plaintiffs-respondents, v H.D.W. 2005 Forest, LLC, et al., defendants- respondents, Eli Weinstein, appellant. (Index No. 102910/07)
| DECISION & ORDER ON MOTION |
Motion by H.D.W. 2005 Forest, LLC, on an appeal from an order of the Supreme Court, Richmond County, dated May 19, 2009, inter alia, to strike the record as inadequate.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, without prejudice to making a motion in the Supreme Court, Richmond County, to vacate that portion of the order dated May 19, 2009, as sua sponte struck the appellant's answer, on the ground that portion of the order is not appealable as of right (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
FISHER, J.P., ENG, LEVENTHAL and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court