| Rapaille v Rapaille |
| Motion No: 2007-07479 |
| Slip Opinion No: 2007 NYSlipOp 77479(U) |
| Decided on September 7, 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
M59349
T/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
PETER B. SKELOS
EDWARD D. CARNI, JJ.
|
2007-07479 Gilbert C. Rapaille, respondent, v Sophie Eustache Rapaille, appellant. (Index No. 06-6712)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated September 5, 2007, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the appellant to stay the trial of the financial issues in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated May 29, 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, as the order is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701); and it is further,
ORDERED that the motion is denied as academic in light of our determination.
CRANE, J.P., GOLDSTEIN, SKELOS and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court