McCluskey v Gabor and Gabor
Motion No: 2009-09051
Slip Opinion No: 2009 NY Slip Op 92377(U)
Decided on December 23, 2009
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

M96499

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-09051

Peter McCluskey, appellant,

v Gabor and Gabor, et al., respondents.

(Index No. 2978/07)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered September 3, 2009, on the ground that no appeal lies from an order denying reargument.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.

BALKIN, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court