People ex rel. Coyne v DiBella
Motion No: 2006-05920
Slip Opinion No: 2006 NYSlipOp 73657(U)
Decided on August 10, 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

M43171

G/mv

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

FRED T. SANTUCCI

REINALDO E. RIVERA, JJ.

2006-05920

The People, etc., ex rel. Louise Coyne, et al.,

petitioners, v Robert J. DiBella, respondent.

(Index Nos. 008280-06, 008281-06)

DECISION & ORDER ON MOTION

Motion by the petitioners, in effect, for leave to appeal to this court from an order of the Supreme Court, Kings County, entered May 22, 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 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; and it is further,

ORDERED that the motion is otherwise denied as academic.

PRUDENTI, P.J., MILLER, SANTUCCI and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court