Frances B. Todman v Andrew P. Thompson As Ex'r of Estate of Margaret J. Thompson & Andrew P. Thompson, Personally, Tenants, -and- William P. Thompson, Non-party .

Frances B. Todman v Andrew P. Thompson As Ex'r of Estate of Margaret J. Thompson & Andrew P. Thompson, Personally, Tenants, -and- William P. Thompson, Non-party .

Motion No: 2006-01255 WC

Slip Opinion No: 2007 NYSlipOp 70163(U)

Decided on May 23, 2007

Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : McCABE, J.P., TANENBAUM and LIPPMAN, JJ.

NO. 2006-1255 W C

FRANCES B. TODMAN,

Respondent,

-against-

ANDREW P. THOMPSON as executor of
the estate of MARGARET J. THOMPSON
and ANDREW P. THOMPSON, personally,

Tenants,

-and-

WILLIAM P. THOMPSON,

Non-Party Appellant.

DECISION

Motion by non-party appellant William P. Thompson for a stay pending appeal is denied.

By order dated May 4, 2007, this court dismissed non-party appellant William P. Thompson's appeal on the ground that the appeal was from a decision after trial and no appeal lies therefrom. Since no appeal by non-party appellant is pending, his motion for a stay must be denied.