Regolodo v United States Fire Ins. Co.

Regolodo v United States Fire Ins. Co. 2013 NY Slip Op 05685 Decided on August 21, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on August 21, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
RUTH C. BALKIN
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
2012-02434
(Index No. 6403/11)

[*1]Marcelo Regolodo, et al., appellants,

v

United States Fire Insurance Company, respondent.




Bertram Herman, P.C., Mount Kisco, N.Y., for appellants.
Carroll McNulty & Kull, LLC, New York, N.Y. (Ann Odelson
of counsel), for respondent.


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 AD3d 600; Young v Young, 49 AD3d 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 AD3d 792, 792; cf. Coleman v Hayes, 294 AD2d 458, 459).
ENG, P.J., BALKIN, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court