Kennie-Burton v. City of Yonkers

Appellate Division of the Supreme Court of New York

Kennie-Burton v. City of Yonkers

55 A.D.3d 560, 864 N.Y.S.2d 318

Appellate Division of the Supreme Court of the State of New York·Decided October 7, 2008·Published

Opinion

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Smith, J.), dated October 22, 2007, which denied, as academic, their motion to compel the defendants’ compliance with discovery, and for a protective order.

Ordered that the appeal is dismissed, with costs.

The motion which gave rise to the order appealed from was not made on notice to the defendants. Thus, the order denying the motion is not appealable as of right (see CPLR 5701 [a] [2]; Sholes v Meagher, 100 NY2d 333, 335 [2003]; Nanakumo v Gregory, 29 AD3d 754 [2006]), and we decline to grant leave to appeal. Spolzino, J.P., Ritter, Dillon and Dickerson, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Smith, J.), dated October 22, 2007, which denied, as academic, their motion to compel the defendants’ compliance with discovery, and for a protective order.

Ordered that the appeal is dismissed, with costs.

The motion which gave rise to the order appealed from was not made on notice to the defendants. Thus, the order denying the motion is not appealable as of right (see CPLR 5701 [a] [2]; Sholes v Meagher, 100 NY2d 333, 335 [2003]; Nanakumo v Gregory, 29 AD3d 754 [2006]), and we decline to grant leave to appeal. Spolzino, J.P., Ritter, Dillon and Dickerson, JJ., concur.

Kennie-Burton v. City of Yonkers, 55 A.D.3d 560, 864 N.Y.S.2d 318 (N.Y. Ct. App. 2008).

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55 A.D.3d 560 (Kennie-Burton v. City of Yonkers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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