THOMPSON v. 76 CORP.


37 A.D.3d 450 (2007)

830 N.Y.S.2d 564

ROBERT G.A. THOMPSON et al., Plaintiffs, and NATANIA REUBEN, Appellant, v. 76 CORP. et al., Defendants, and JAMAL BARROW, Also Known as "SHYNE," Respondent. DESIMONE, AVILES, SHORTER & OXAMENDI, LLP, Nonparty Appellant; SANDBACK, BIRNBAUM & MICHELEN, Nonparty Respondent.

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

Decided February 6, 2007.


Ordered that the appeal by the nonparty DeSimone, Aviles, Shorter & Oxamendi, LLP, from so much of the order as sua sponte directed it to turn over its file on the matter to Sandback, Birnbaum & Michelen, and, sua sponte, adjourned other motions for oral argument to June 15, 2006, is dismissed, as no appeal lies as of right from an order that does not decide a motion made on notice, and leave to appeal has not been obtained (see CPLR 5701 [a] [2]); and it is...

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