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COHALAN v. JOHNSON ELEC. CONSTR. CORP.

105 A.D.2d 770 (1984)

Peter F. Cohalan, as County Executive of The County of Suffolk, et al., Respondents, v. Johnson Electrical Construction Corp. et al., Defendants, and Simpson Metal Industries, Inc., et al., Appellants. (Action No. 1.) Babylon Associates, a Joint Venture, Consisting of Terminal Construction Corporation, DIC Concrete Corporation and Underhill Construction Corporation, Respondent, v. County of Suffolk et al., Respondents. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 19, 1984

Appeal dismissed, without costs or disbursements.

The precalendar conference stipulation and order did not decide a motion which was made upon notice, and thus is not appealable to this court as of right (CPLR 5701, subd [a], par 2). "If counsel is of the view that appellate review [of such an order] is necessary, counsel should make a formal motion on notice and papers at Special Term, Part 8-A, to vacate or modify the precalendar conference order, or particular...

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