| Ye Ping Chou v Avolese |
| Motion No: 2006-11206 |
| Slip Opinion No: 2006 NYSlipOp 82139(U) |
| Decided on December 18, 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
M48388
E/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
WILLIAM F. MASTRO
MARK C. DILLON, JJ.
|
2006-11206 Ye Ping Chou, plaintiff, v Sebastian Avolese, defendant.
(Index No. 17907/04)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from a transcript of the Supreme Court, Queens County, dated November 29, 2006, and to stay the retrial in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,
ORDERED that the motion is otherwise denied as academic.
PRUDENTI, P.J., SANTUCCI, MASTRO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court