Appellate Division: Second Judicial Department

M112919

E/sl

A. GAIL PRUDENTI, P.J.

DANIEL D. ANGIOLILLO

ANITA R. FLORIO

SANDRA L. SGROI, JJ.

2010-10983 In the Matter of Nocro, Ltd., petitioner/plaintiff, Heritage at Cutchogue, LLC, appellant, v Scott A. Russell, et al., respondents. (Index No. 19101-09)

DECISION & ORDER ON MOTION

Motion by Heritage at Cutchogue, LLC, for leave to appeal to this Court from so much of an order of the Supreme Court, Suffolk County, dated June 15, 2010, as granted those branches of the respondents' motion which were to dismiss the petition/complaint insofar as asserted against the respondents in their individual capacities and to dismiss the fourteenth cause of action.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied as unnecessary with respect to so much of the order as granted those branches of the respondents' motion which were to dismiss the claims for declaratory relief and money damages insofar as asserted against the respondents in their individual capacities and to dismiss the fourteenth cause of action, and the motion papers are deemed a timely notice of appeal from those portions of the order dated June 15, 2010; and it is further,

ORDERED that the motion is granted to the extent that leave to appeal is granted from so much of the order as granted that branch of the respondents' motion which was to dismiss the petition pursuant to CPLR article 78 insofar as asserted against the respondents in their individual capacities.

PRUDENTI, P.J., ANGIOLILLO, FLORIO and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court