| Matter of Kapsis v Kelleher |
| Motion No: 2006-06972 |
| Slip Opinion No: 2006 NYSlipOp 73402(U) |
| Decided on August 8, 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
M43123
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
REINALDO E. RIVERA, JJ.
|
2006-06972 In the Matter of James L. Kapsis, et al., petitioners-respondents, v Neil W. Kelleher, etc., et al., respondents, Nassau County Committee of the Independence Party, etc., et al., appellants. (Index No. 10561/06)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, dated July 19, 2006, inter alia, to stay a hearing in the above-entitled matter 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 on the court's own motion, the appeal is dismissed, without costs or disbursements, as the order dated July 19, 2006, is not appealable as of right (see Board of Managers of Oaks at La Tourette v Management Consultants International, Inc., 170 AD2d 636), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
MILLER, J.P., RITTER, SANTUCCI and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court