| Sears, Roebuck and Co. v Patchogue Associates, LLC |
| Motion No: 2010-07003 |
| Slip Opinion No: 2010 NY Slip Op 89965(U) |
| Decided on December 7, 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
M112154
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
|
2010-07003, 2010-07006 Sears, Roebuck and Co., appellant, v Patchogue Associates, LLC, respondent. (Appeal No. 1) Patchogue Associates, LLC, respondent, v Sears Roebuck and Co., appellant. (Appeal No. 2) (Index Nos. 43338-08, 24194-09)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Suffolk County, both dated June 16, 2010. Cross motion by the respondent to dismiss the appeal under Appellate Division Docket No. 2010-07006.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted and the appeal under Appellate Division Docket No. 2010-07006 is dismissed, without costs or disbursements, on the ground that the appellant is not aggrieved by so much of the order as denied the respondent's motion for summary judgment (see CPLR 5511), and that so much of the order as transferred the matter to the District Court of Suffolk County, Sixth District, is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701[a]); and it is further,
ORDERED that the motion is denied as academic.
FLORIO, J.P., DICKERSON, LOTT and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court