Appellate Division: Second Judicial Department

M47499

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2006-07712 Paulina Creinis, appellant, v Olatoyin Fashina, et al., defendants-respondents; Hanover Insurance Company, nonparty- respondent. (Index No. 53666/02)

DECISION & ORDER ON MOTION

Motion by the appellant an appeal from an order of the Supreme Court, Kings County, dated June 20, 2006, inter alia, to stay the traverse hearing in the above-entitled action pending hearing and determination of the appeal, and cross motion by the nonparty-respondent Hanover Insurance Company to dismiss the appeal on the ground that the order is not appealable as of right and leave to appeal has not been granted.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that cross motion is granted, and the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order which directs a hearing to aid in the disposition of a motion, and we decline to grant leave to appeal (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court