Case v Freed
Motion No: 2023-04021
Slip Opinion No: 2023 NY Slip Op 72827(U)
Decided on September 6, 2023
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

M290900

AFA/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

LILLIAN WAN, JJ.

2023-04021

Ernest Wickham Case, plaintiff,

v Todd E. Freed, et al., defendants;

David P. Fallon, nonparty.

(Index No. 618675/2017)

DECISION & ORDER ON MOTION

Motion by David P. Fallon for leave to appeal to this Court from a judgment of the Supreme Court, Suffolk County, dated January 31, 2023.

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

ORDERED that the motion is denied as unnecessary as the judgment is appealable as of right (see CPLR 5701).

DILLON, J.P., MALTESE, WOOTEN and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court