Din v Firdous Oriental Rugs, Inc.
Motion No: 2006-06117
Slip Opinion No: 2006 NYSlipOp 72457(U)
Decided on July 21, 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

M42377

A/nl

ROBERT W. SCHMIDT, J.P.

WILLIAM F. MASTRO

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-06117

Waheed Din, plaintiff, v Firdous Oriental

Rugs, Inc., et al., defendants.

(Index No. 20073/93)

DECISION & ORDER ON MOTION

Motion by the plaintiff, inter alia, for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated June 19, 2006, and to stay enforcement of the order pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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

ORDERED that on the court's own motion, the appeal taken as of right is dismissed, without costs or disbursements, as the order is not appealable as of right (see CPLR 5701 [a][2]); and it is further,

ORDERED that the motion is otherwise denied as academic.

SCHMIDT, J.P., MASTRO, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court