Rosenblum v Wallin
Motion No: 2007-00946
Slip Opinion No: 2007 NYSlipOp 62923(U)
Decided on February 9, 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

M50685

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-00946

Jeffrey Rosenblum, et al., appellants,

v Michael J. Wallin, et al., respondents.

(Index No. 17516/05)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered January 11, 2007, to stay all proceedings 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 on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right, and we decline to grant leave to appeal (see CPLR 5701; Koklari v Koklari, 186 AD2d 418; Bagdy v Progresso Foods Corporation, 86 AD2d 589); and it is further,

ORDERED that the motion is denied as academic.

MASTRO, J.P., RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court