Horowitz v Wittneben
Motion No: 2006-05105
Slip Opinion No: 2006 NYSlipOp 70790(U)
Decided on June 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M41225

O/cf

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-05105

Michael Horowitz, et al., plaintiffs,

v Christine Wittneben, et al., defendants.

(Index No. 28590/00)

DECISION & ORDER ON MOTION

Motion by the plaintiffs for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated March 7, 2006, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

ADAMS, J.P., RIVERA, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court