Apothecaries Sundries MFG. Co. v ARJ-Med, Inc.
Motion No: 2010-06495
Slip Opinion No: 2010 NY Slip Op 76842(U)
Decided on July 13, 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

M105615

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-06495

Apothecaries Sundries Mfg. Co., appellant,

v ARJ-Med, Inc., respondent.

(Index No. 35689/06)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of Supreme Court, Kings County, dated June 9, 2010.

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