Opinion
1854-1855N
October 10, 2002.
Order, Supreme Court, New York County (Herman Cahn, J.), entered June 12, 2002, which granted defendants' motion to renew their opposition to plaintiffs' previously granted motion for appointment of a neutral referee to conduct a sealed bid auction of the partnership property, but upon renewal adhered to the court's prior determination, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered June 11, 2001, which directed that the partnership property be sold at a sealed bid auction, unanimously dismissed, without costs, as superseded by the appeal from the order entered June 12, 2002.
HERBERT M. WACHTELL, for plaintiffs-respondents.
CHARLES G. MOERDLER DAVID LENDER, for defendants-appellants.
Before: Tom, J.P., Andrias, Saxe, Buckley, Lerner, JJ.
Contrary to plaintiffs' argument, the June 12, 2002 order is appealable (see e.g. Freitas v. New York City Tr. Auth., 297 A.D.2d 270). The determination adhered to in the June 12, 2002 order, namely, to direct a sealed-bid auction of the subject partnership property, however, was, under the circumstances, a proper exercise of the court's considerable discretion in overseeing the dissolution of the parties' partnership (see Zari v. Zari, 155 A.D.2d 452).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.