9 Brothers Building Supply Corp. v Buonamici
Motion No: 2010-03686
Slip Opinion No: 2010 NY Slip Op 70077(U)
Decided on April 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M102086

S/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-03686

9 Brothers Building Supply Corp., respondent,

v Theresa Buonamici, defendant, Diego Cuervo,

appellant.

(Index No. 11469/00)

DECISION & ORDER ON MOTION

Appeal by the defendant Diego Cuervo from an order of the Supreme Court, Suffolk County, dated April 27, 2009.

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., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court