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BERRY v. WILLIAMS

60 A.D.3d 985 (2009)

875 N.Y.S.2d 816

DAVID BERRY et al., Appellants-Respondents, v. RANDOLPH L. WILLIAMS et al., Respondents-Appellants.

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

Decided March 31, 2009.

Ordered that the appeal and cross appeal are dismissed, without costs or disbursements.

No appeal lies as of right from an order entered sua sponte (see CPLR 5701 [a]), and neither the plaintiffs nor the defendants sought leave to appeal from the order entered November 23, 2007 (see CPLR 5701 [c]). Under the circumstances of this case, we decline to grant leave to appeal (see Rubeo v National Grange Mut. Ins. Co., 93 N.Y.2d 750...

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