Restani Construction Corp. v JMA Concrete Construction
Motion No: 2013-07267
Slip Opinion No: 2013 NY Slip Op 84395(U)
Decided on September 5, 2013
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

M161738

S/nl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-07267

Restani Construction Corp., etc.,

appellant, v JMA Concrete Construction

Co. Inc., et al., respondents.

(Index No. 22026/11)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Queens County, dated May 14, 2013.

On the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the order dated May 14, 2013, is not appealable as of right and leave to appeal has not been granted (see CPLR 5701).

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court