| Smith v Moore |
| Motion No: 2004-11247 +1 |
| Slip Opinion No: 2006 NYSlipOp 65101(U) |
| Decided on March 15, 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
M37231
Y/sl
ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
|
2004-11247, 2006-00767 Edwin A. Smith, appellant, v David P. Moore, et al., respondents. (Index No. 24345-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of appeals from an amended order of the Supreme Court, Suffolk County, dated November 5, 2004, and an order of the same court dated January 9, 2006.
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 from the order dated January 9, 2006, is dismissed, without costs or disbursements, as the order is not appealable as of right, and we decline to grant leave to appeal (see CPLR 5701[a][2]); and it is further,
ORDERED that the motion is denied.
SCHMIDT, J.P., CRANE, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court