Dorchester, LLC v Herzka Insurance Agency, Inc.
Motion No: 2018-08753
Slip Opinion No: 2018 NY Slip Op 83336(U)
Decided on September 14, 2018
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

M255310

E/mm

MARK C. DILLON, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-08753

Dorchester, LLC, respondent,

v Herzka Insurance Agency, Inc.,

appellant.

(Index No. 607478/16)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered June 15, 2018, on the ground that the order is neither appealable as of right nor by permission, and for an award of costs and to impose a sanction upon the appellant.

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 to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see Cotgreave v Public Adm'r of Imperial County [Cal], 91 AD2d 600); and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., ROMAN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court