| Chicarelli v Scobak, d/b/a Blair Hall, Inc. |
| Motion No: 2006-05783 |
| Slip Opinion No: 2006 NYSlipOp 71470(U) |
| Decided on June 30, 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
M41732
S/cf
DAVID S. RITTER, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2006-05783
Rachel Chicarelli, etc., et al., respondents, v William Scobak, d/b/a Blair Hall, Inc., et al., appellants.
(Index No. 26231/03)
| 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, Queens County, dated June 14, 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 is dismissed, without costs or disbursements, as the order is not appealable as of right (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., SKELOS, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court