| Muldoon-Costello v Santos |
| Motion No: 2007-06811 |
| Slip Opinion No: 2007 NYSlipOp 78747(U) |
| Decided on September 24, 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
M60266
E/sl
REINALDO E. RIVERA, J.P.
JOSEPH COVELLO
RUTH C. BALKIN
WILLIAM E. McCARTHY, JJ.
|
2007-06811 Sally Muldoon-Costello, etc., et al., respondents, v Engilberta Santos, et al., appellants, et al., defendants. (Index No. 14544/98)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated May 14, 2007, on the ground that no appeal lies from an order denying a motion to compel a further deposition of a party. Separate motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion to stay the trial is denied.
RIVERA, J.P., COVELLO, BALKIN and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court