Opinion
2003-11122.
June 20, 2005.
In an action, inter alia, for specific performance of a contract for the sale of real property, the proposed intervenor, Emptage Associates, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Pitts, J.), dated October 28, 2003, as denied the motion of the defendant Cape Hampton, LLC, to dismiss the complaint pursuant to CPLR 3211 (a) (7).
Twomey, Latham, Shea Kelley, LLP, Riverhead, N.Y. (Christopher D. Kelley and Edward Reale of counsel), for proposed intervenor-appellant.
Caleca Towner, P.C., East Hampton, N.Y. (Brian J. Lester of counsel), for plaintiffs-respondents.
Anthony B. Tohill, P.C., Riverhead, N.Y., for defendant-respondent.
Before: Schmidt, J.P., Goldstein, Crane and Fisher, JJ., concur.
Ordered that the appeal is dismissed, without costs or disbursements.
The appellant is not aggrieved by the order appealed from ( see CPLR 5511). Its motion to intervene and to join in the motion by Cape Hampton, LLC, was not considered by the Supreme Court and therefore is not before this Court.