| Yonkers Contracting Company, Inc. v County of Westchester |
| Motion No: 2021-01215 |
| Slip Opinion No: 2021 NY Slip Op 66649(U) |
| Decided on May 26, 2021 |
| 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. |
Appellate Division: Second Judicial Department
M277266
E/sl
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.
|
2021-01215 Yonkers Contracting Company, Inc., respondent, v County of Westchester, appellant, et al., defendants (and a third-party action). (Index No. 63929/2015)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated January 8, 2021. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order that directs a hearing to aid in the disposition of a motion. Cross motion by the appellant for leave to appeal to this Court from the order.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the cross motion is denied; and it is further,
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see Bagdy v Progresso Foods Corp., 86 AD2d 589).
MASTRO, J.P., AUSTIN, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court