Ortolani v. Town of Hempstead — 93 N.Y.2d 955

Majority

p. 955

Deborah Ortolani et al., Appellants, v Town of Hempstead, Defendant, American Ref-Fuel Company of Hempstead, Inc., et al., Respondents, and W.D. Service Co., Inc., Defendant and Third-Party Plaintiff-Respondent and Fifth-Party Plaintiff-Respondent. National Ammonia Company, Inc., Third-Party Defendant-Respondent; Nassau-Suffolk Blueprinting Company, Inc., Fourth-Party Plaintiff-Respondent; DiFazio Electric, Inc., Fourth-Party Defendant-Respondent and Fifth-Party Defendant-Respondent.

Submitted April 12, 1999;

decided June 10, 1999

Motion, insofar as it seeks leave to appeal from the February 25, 1999 Appellate Division order that denied appellants’ motion for reargument or, in the alternative, leave to appeal to the Court of Appeals, and from that portion of the December 16, 1998 Appellate Division order that affirmed the denial of appellants’ motion to vacate, dismissed upon the ground that the February 25, 1999 order and the foregoing portion of the December 16, 1998 order do not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.

Judges Levine and Rosenblatt taking no part.