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CLARK v. WEINER

Appellate Division of the Supreme Court of New York, Second Department.
Oct 13, 1998

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

The parts of the order from which the plaintiffs appeal are not embodied in a decretal paragraph and do not otherwise grant or deny relief. Rather, they are part of findings of fact and conclusions of law which are not independently appealable ( see, Booska v. Booska, 246 A.D.2d 567; Matter of County of Westchester v. O'Neill, 191 A.D.2d 556; Matter of Smart v. Lefkowitz, 49 A.D.2d 882; Benedetto v. O'Grady, 10 A.D.2d 628).

O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.