Opinion
2003-00574.
Decided April 26, 2004.
In an action to partition real property, the defendant Dorothy Daly Van Dam appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated December 6, 2002, which, upon the plaintiffs' motion for summary judgment and her cross motion for summary judgment, referred the matter to a referee to ascertain whether there was a creditor who was not a party "who has a lien on the undivided share or interest of any party."
Twomey, Latham, Shea Kelley, LLP, Riverhead, N.Y. (P. Edward Reale and Tracy Karsch Palumbo of counsel), for appellant.
Rubin Purcell, LLP, Hauppauge, N.Y. (A. Craig Purcell and Todd M. Rubin of counsel), for respondents Vincent De Paul Daly and John Charles Daly.
Esseks, Hefter Angel, Riverhead, N.Y. (William W. Esseks and Nica B. Strunk of counsel), for respondent Margaret Daly Davis.
Before: DAVID S. RITTER, J.P., HOWARD MILLER, GLORIA GOLDSTEIN, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with one bill of costs to the respondents appearing separately and filing separate briefs.
The order of reference, which was to aid in the disposition of a motion and cross motion, did not decide the motion and cross motion and did not affect a substantial right ( see CPLR 5701[a][2][v]). Therefore, the order is not appealable as of right, and we decline to grant leave to appeal ( see Security Natl. Servicing Corp. v. Liebowitz, 281 A.D.2d 615; Civic Assn. at Roslyn Country Club v. Levitt Sons, 143 A.D.2d 385; Liebling v. Yankwitt, 109 A.D.2d 780; Astuto v. New York Univ. Med. Ctr., 97 A.D.2d 805; Bagdy v. Progresso Foods Corp., 86 A.D.2d 589).
RITTER, J.P., H. MILLER, GOLDSTEIN and MASTRO, JJ., concur.