| Brooklyn Union Gas Co. v St. Paul Travelers Co., Inc. |
| Motion No: 2007-06528 |
| Slip Opinion No: 2007 NYSlipOp 74986(U) |
| Decided on August 6, 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. |
Appellate Division: Second Judicial Department
M58034
E/nl
REINALDO E. RIVERA, J.P.
DAVID S. RITTER
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2007-06528 Brooklyn Union Gas Company, respondent, v St. Paul Travelers Companies, Inc., appellant. (Index No. 16990/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay so much of an order of the Supreme Court, Kings County, dated May 25, 2007, as directed a hearing pending hearing and determination of an appeal therefrom.
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 no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagly v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., RITTER, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court