Jung v YWCA of White Plains & Central Westchester
Motion No: 2006-11878
Slip Opinion No: 2007 NYSlipOp 61725(U)
Decided on January 24, 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

M49789

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2006-11878

Harry Jung, etc., et al., appellants,

v YWCA of White Plains & Central

Westchester, et al., respondents.

(Index No. 05-11087)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered November 30, 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 the order is not appealable as of right (see Sainz v NYC Health & Hosps. Corp., 106 AD2d 500), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion is denied as academic.

RITTER, J.P., SANTUCCI, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court