Pender v Morris Duffy Alonso Faley, LLP
Motion No: 2011-09035
Slip Opinion No: 2011 NY Slip Op 90464(U)
Decided on November 22, 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

M129043

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-09035

Juvondi R. Pender, appellant, v Morris

Duffy Alonso Faley, LLP, etc., respondent.

(Index No. 1622/11)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 3, 2011, on the ground that no appeal lies as of right from an order granting a motion for a more definite statement in a complaint and leave to appeal has not been granted.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701[b][2], [c]).

RIVERA, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court