Mamolite v Patino
Motion No: 2007-04249
Slip Opinion No: 2007 NYSlipOp 76091(U)
Decided on August 20, 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

M58707

S/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2007-04249

Elaine Mamolite, appellant, v Shelly Patino,

defendant, Rodney Hamlin, et al., respondents.

(Index No. 26311/04)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Queens County, dated April 12, 2007. By decision and order on motion dated June 7, 2007, the trial in the above-entitled action was stayed pending hearing and determination of the appeal on condition that the appeal was perfected by July 23, 2007. The appeal has not been perfected.

Now, on the court's own motion, it is

ORDERED that the stay granted by the decision and order on motion dated June 7, 2007, is vacated forthwith.

MILLER, J.P., MASTRO, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court