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KENNIE-BURTON v. CITY OF YONKERS

55 A.D.3d 560 (2008)

864 N.Y.S.2d 318

BRENDA KENNIE-BURTON et al., Appellants, v. CITY OF YONKERS et al., Respondents.

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

October 7, 2008.

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 N.Y.2d 333, 335 [2003]; Nanakumo v Gregory, 29 A.D.3d 754 [2006]), and we decline to grant leave...

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