Superintendent of Insurance v. Kenny (9 N.Y.3d 857, 2007)

Motion for leave to appeal from the February 5, 2007 “Stipulation of Discontinuance with Prejudice,” dismissed upon the ground that that paper does not finally determine the action within the meaning of the Constitution; the December 6, 2006 judgment of Supreme Court is the final paper in this action and a motion for leave to appeal from that judgment , would be untimely (see CPLR 5513 [b]).