Murrell Mech., Inc. v Graystone Constr. Mgt. Servs., Inc.
2006 NY Slip Op 09733 [35 AD3d 1156]
December 22, 2006
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 14, 2007


Murrell Mechanical, Inc., Plaintiff, v Graystone Construction Management Services, Inc., Respondent, and 1867 Mt. Hope, LLC, Appellant. (Appeal No. 2.)

[*1]Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered December 12, 2005 in a breach of contract action. The order awarded interest on the judgment in appeal No. 1.

It is hereby ordered that said appeal be and the same hereby is dismissed without costs (see De Long Corp. v Morrison-Knudsen Co., 14 NY2d 346, 347-348 [1964]; see also CPLR 5501 [a] [1]).

All concur, Kehoe, J.P., not participating. Present—Kehoe, J.P., Martoche, Centra, Green and Pine, JJ.