Weidler v Coluzzi
Motion No: 2010-09000
Slip Opinion No: 2010 NY Slip Op 83595(U)
Decided on September 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M108914

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-09000

Diane Weidler, respondent

v Anthony C. Coluzzi, etc., et al., appellants.

(Index No. 11303/07)

DECISION & ORDER ON MOTION

Appeal by Anthony C. Coluzzi, individually, and doing business as the Law Office of Anthony C. Coluzzi, A.C.P.H., Inc., and Brookfield Realty from an order of the Supreme Court, Nassau County, dated July 21, 2010.

Now, upon the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the order dated August 9, 2010, is not appealable as of right and leave to appeal has not been granted (see CPLR 5701), and any right of appeal from the order terminated upon entry of the judgment in the above-entitled action on August 5, 2010 (see Matter of Aho, 39 NY2d 241, 242).

DILLON, J.P., FLORIO, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court