| Tobio v Boston Properties, Inc. |
| Motion No: 2006-11209 |
| Slip Opinion No: 2006 NYSlipOp 82510(U) |
| Decided on December 22, 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
M48630
E/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
ROBERT J. LUNN, JJ.
|
2006-11209 Francisco Tobio, et al., plaintiffs, v Boston Properties, Inc., et al. defendants (and a third-party action). (Index No. 27294/02)
| DECISION & ORDER ON MOTION |
Motion by the defendants Boston Properties, Inc., Insignia/Esg, Inc., Insignia Financial Group, Inc., and Structure Tone, Inc., for leave to appeal from a transcript of the Supreme Court, Queens County, dated December 1, 2006, and to stay enforcement of the rulings contained in the transcript pending hearing and determination of the 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 from the transcript is denied, without costs or disbursements, 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.
KRAUSMAN, J.P., GOLDSTEIN, RIVERA and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court