Warthog, Inc. v Conference Center International, Inc.
Motion No: 2007-04986
Slip Opinion No: 2007 NYSlipOp 71197(U)
Decided on June 8, 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

M55661

E/sl

REINALDO E. RIVERA, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2007-04986

Warthog, Inc., appellant, v Conference

Center International, Inc., et al., defendants,

Bahman Mirjani, respondent.

(Index No. 23381-00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay a hearing in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated May 21, 2007.

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, on the ground that no appeal lies as of right from an order that directs a hearing to aid the determination of a motion, and we decline to grant leave to appeal (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., KRAUSMAN, SKELOS and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court