| Arbanil v Flannery |
| Motion No: 2005-00055 |
| Slip Opinion No: 2006 NYSlipOp 75015(U) |
| Decided on September 6, 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
M44015
O/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO
MARK C. DILLON, JJ.
|
2005-00055 Ernesto Arbanil, appellant, v Charles E. Flannery, et al., respondents, et al., defendant. (Index No. 4676/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to appeal to the Court of Appeals from a decision and order of this court, dated July 18, 2006, which determined an appeal from an order of the Supreme Court, Nassau County, dated November 17, 2004, and to stay the trial in the above-entitled action pending hearing and determination of the appeal to the Court of Appeals.
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 the Court of appeals is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
MILLER, J.P., GOLDSTEIN, SPOLZINO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court