| Grant v Desiderio |
| Motion No: 2006-03983 |
| Slip Opinion No: 2006 NYSlipOp 67957(U) |
| Decided on May 3, 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
M39200
O/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2006-03983 Carlton Grant, appellant, v Dawn Desiderio, etc., et al., respondents. (Index No. 11439/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated April 3, 2006, pending hearing and determination of an appeal therefrom.
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 order is not appealable as of right and we decline to grant leave to appeal (see Barbarita v Shilling, 115 AD2d 630); and it is further,
ORDERED that the motion is denied as academic.
CRANE, J.P., RITTER, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court