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LEVITON v. UNGER

56 A.D.3d 731 (2008)

868 N.Y.S.2d 1261

THEODORE LEVITON, Respondent, v. SCOTT UNGER et al., Appellants.

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

November 25, 2008.

Ordered that on the Court's own motion, the defendants' notice of appeal from so much of the order as directed a hearing is treated as an application for leave to appeal from that portion of the order and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof directing a hearing to determine the validity of service of process on the defendant Scott Unger and substituting...

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