| Ottomanelli v Ottomanelli |
| Motion No: 2006-10568 |
| Slip Opinion No: 2006 NYSlipOp 82040(U) |
| Decided on December 15, 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
M48345
E/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
WILLIAM F. MASTRO
MARK C. DILLON, JJ.
|
2006-10568 Gennaro G. Ottomanelli, respondent, v Debra Ottomanelli, appellant. (Index No. 18435/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated October 10, 2006.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a trial ruling (see Savarese v City of New York Housing Auth., 172 AD2d 506; Pelligrino v New York City Tr. Auth., 141 AD2d 709); and it is further,
ORDERED that the motion is denied as academic.
PRUDENTI, P.J., SANTUCCI, MASTRO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court