| Marin v Board of Managers Town N Country Condomin |
| Motion No: 2006-01777 |
| Slip Opinion No: 2006 NYSlipOp 64677(U) |
| Decided on March 7, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M36825
A/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
|
2006-01777 James Marin, et al., appellants, v Board of Managers, Town N Country Condominium II, et al., respondents (and a third-party action).
Index No. 5436/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Rockland County, dated October 24, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements as the appellants are not aggrieved by the order appealed from (see CPLR 5511; Gwyn v 575 Fifth Ave. Assoc., 12 AD3d 403); and it is further,
ORDERED that the motion is denied as academic.
ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court