Matter of Malkinzon v Dial Car, Inc.
Motion No: 2006-07581
Slip Opinion No: 2006 NYSlipOp 74261(U)
Decided on August 23, 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

M43670

O/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2006-07581

In the Matter of Boris Malkinzon, petitioner,

v Dial Car, Inc., et al., respondents.

(Index No. 22602-03)

DECISION & ORDER ON MOTION

Motion by Dial Car, Inc., for leave to appeal to this court from an order of the Supreme Court, Kings County, dated June 7, 2006, and to stay all proceedings 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 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.

PRUDENTI, P.J., CRANE, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court