Daly v. Meiskin

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.”

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…