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CARBON CAPITAL MANAGEMENT, LLC v. AMERICAN EXPRESS COMPANY

Nos. 2010-03645, 2010-08496, 2010-09192.

88 A.D.3d 933 (2011)

932 N.Y.S.2d 488

2011 NY Slip Op 7598

CARBON CAPITAL MANAGEMENT, LLC, Respondent-Appellant, v. AMERICAN EXPRESS COMPANY et al., Defendants, and IRWIN SELINGER, Appellant-Respondent.

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

Decided October 25, 2011.

Ordered that on the Court's own motion, the notices of appeal and cross appeal from so much of the order dated February 25, 2010, as directed a hearing on the issue of the validity of service of process are deemed to be applications for leave to appeal and cross-appeal, respectively, and leave to appeal and cross-appeal from that portion of the order is granted (see CPLR 5701 [c]); and it is further,

Ordered that on the Court's own motion, the notices of appeal...

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