| Averbukh v Goldsmith |
| Motion No: 2006-07628 |
| Slip Opinion No: 2006 NYSlipOp 74734(U) |
| Decided on August 31, 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
M43874
A/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2006-07628 Alexander Averbukh, appellant, v Ellen Goldsmith, etc., et al., respondent. (Index No. 05-757)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to appeal to this court from an order of the Supreme Court, Westchester County, entered July 26, 2006, and, in effect, to stay all proceedings in the above-entitled action 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 the appeal taken as of right 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 otherwise denied as academic.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court