Opinion
Submitted January 24, 2001.
March 5, 2001.
In an action, inter alia, for specific performance of an agreement to transfer shares of stock, the defendants Old Cedar Development Corp. and Jamshid Lavi appeal from so much of an order of the Supreme Court, Suffolk County (Costello, J.), dated July 24, 2000, as, upon their motion pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against them, directed a conference.
Beck, Gewurz Strauss, PLLC, Garden City, N.Y. (Leland Stuart Beck of counsel), for appellants.
Dollinger, Gonski Grossman, Carle Place, N.Y. (Michael J. Spithogiannis of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, GLORIA GOLDSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal must be dismissed as the order appealed from did not decide the motion, but left it pending and undecided (see, Katz v. Katz, 68 A.D.2d 536).