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Regolodo v. United States Fire Ins. Co.

Supreme Court of New York, Second Department

August 21, 2013

Marcelo Regolodo, et al., appellants,
v.
United States Fire Insurance Company, respondent. (Index No. 6403/11)

Bertram Herman, P.C., Mount Kisco, N.Y., for appellants.

Carroll McNulty & Kull, LLC, New York, N.Y. (Ann Odelson of counsel), for respondent.

RANDALL T. ENG, P.J., RUTH C. BALKIN, SHERI S. ROMAN, ROBERT J. MILLER, JJ.

DECISION & ORDER

In an action pursuant to Insurance Law § 3420(a)(2) to recover the amount of an unsatisfied judgment against the defendant's insured, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Ruchelsman, J.), dated January 4, 2012, as, in effect, denied their application for summary judgment on the complaint.

ORDERED that the appeal is dismissed, without costs or disbursements.

As no appeal lies as of right from that part of an order which does not decide a motion or cross motion made on notice (see CPLR 5701[a][2]; Mohler v Nardone, 53 A.D.3d 600; Young v Young, 49 A.D.3d 720), and since, under the circumstances of this case, we decline to grant leave to appeal (see CPLR 5701[c]), the appeal must be dismissed (see Chang v Chen, 101 A.D.3d 792, 792; cf. Coleman v Hayes, 294 A.D.2d 458, 459).

ENG, P.J., BALKIN, ROMAN and MILLER, JJ., concur.


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