Feinberg v Silverberg
Motion No: 2011-02311
Slip Opinion No: 2011 NY Slip Op 68376(U)
Decided on March 30, 2011
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

M117850

E/sl

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2011-02311

Samuel Feinberg, etc, respondent,

v Errol Silverberg, et al., appellants.

(Index No. 3120/11)

DECISION & ORDER ON MOTION

Motion by the defendants for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated March 2, 2011, and, inter alia, to vacate an injunction contained in the order dated March 2, 2011.

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

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

ANGIOLILLO, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court