From Casetext: Smarter Legal Research

Kennie-Burton v. City of Yonkers

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 2008
55 A.D.3d 560 (N.Y. App. Div. 2008)

Opinion

October 7, 2008.

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.

Before: Spolzino, J.P., Ritter, Dillon and Dickerson, JJ., concur.


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; Nanakumo v Gregory, 29 AD3d 754), and we decline to grant leave to appeal.


Summaries of

Kennie-Burton v. City of Yonkers

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 2008
55 A.D.3d 560 (N.Y. App. Div. 2008)
Case details for

Kennie-Burton v. City of Yonkers

Case Details

Full title:BRENDA KENNIE-BURTON et al., Appellants, v. CITY OF YONKERS et al.…

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

Date published: Oct 7, 2008

Citations

55 A.D.3d 560 (N.Y. App. Div. 2008)
864 N.Y.S.2d 318