| Pascarella v Toshiba Tec Corporation |
| Motion No: 2010-00375 |
| Slip Opinion No: 2010 NY Slip Op 72972(U) |
| Decided on May 28, 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
M102849
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2010-00375, 2010-03262 Shannon Levey Pascarella, et al., appellants, v Toshiba Tec Corporation, et al., respondents. (Index No. 4908/05)
| DECISION & ORDER ON MOTION |
Motion by the respondents Toshiba Tec Corporation and Toshiba America Business Solutions, Inc., on appeals from two orders of the Supreme Court, Suffolk County, dated November 12, 2009 (Appellate Division Docket No. 2010-00375), and November 24, 2009 (Appellate Division Docket No. 2010-03262), respectively, to dismiss the appeal from the order dated November 24, 2009, on the ground that no appeal lies from an order that is not the result of a motion made on notice and the appellant has not sought leave to appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal from the order dated November 24, 2009 (Appellate Division Docket No. 2010-03262), is dismissed, without costs or disbursements (see CPLR 5701[2]).
FISHER, J.P., DILLON, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court