Allen v S.L. Homes, Inc.
Motion No: 2007-04664
Slip Opinion No: 2007 NYSlipOp 71699(U)
Decided on June 18, 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

M56069

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2007-04664

William Allen, et al., plaintiffs,

v S.L. Homes, Inc., defendant.

(Index No. 4664/07)

DECISION & ORDER ON MOTION

Motion by the plaintiffs for leave to appeal to this court from a purported order of the Supreme Court, Richmond County, dated May 18, 2007, and to stay certain proceedings before the Board of Standards and Appeals pending hearing and determination of the "underlying lawsuit based on adverse possession." Cross motion by the defendant to impose a sanction on the plaintiffs.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the cross motion is denied

PRUDENTI, P.J., MASTRO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court