Bates-Wilkins v Wilkins
Motion No: 2007-07302
Slip Opinion No: 2007 NYSlipOp 75899(U)
Decided on August 15, 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

M58574

S/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2007-07302

Janet Bates-Wilkins, plaintiff,

v Robert Wilkins, defendant.

(Index No. 201764/05)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated June 13, 2007, and to stay the trial of the above-entitled action pending determination of the appeal.

Upon the papers filed in support of the motion and no papers having been 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 appeal purportedly taken as of right is dismissed, without costs or disbursements (see CPLR 5701[a][2]).

PRUDENTI, P.J., RIVERA, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court