Delija v Sayegh
Motion No: 2006-11966
Slip Opinion No: 2007 NYSlipOp 61400(U)
Decided on January 19, 2007
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M49619

E/mv

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2006-11966

Merjem Delija, appellant,

v Neil Sayegh, etc., respondent.

(Index No. 14449/03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of a decision embodied in a transcript of the Supreme Court, Westchester County, dated December 19, 2006, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation 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 transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the motion is denied as academic.

PRUDENTI, P.J., KRAUSMAN, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court