715 Ocean Parkway Owners Corporation v Klagsburn
Motion No: 2007-01125
Slip Opinion No: 2007 NYSlipOp 79623(U)
Decided on September 28, 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

M60577

E/cb

STEPHEN G. CRANE, J.P.

ROBERT A. SPOLZINO

GABRIEL M. KRAUSMAN

WILLIAM E. McCARTHY, JJ.

2007-01125, 2007-04899

715 Ocean Parkway Owners Corporation,

respondent, v Seymour Klagsbrun, appellant.

(Index No. 42081/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated January 5, 2007, and April 24, 2007, respectively.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that on the court's own motion, the appeal from the order dated January 5, 2007 (Appellate Division Docket No. 2007-01125), is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the motion is denied.

CRANE, J.P., SPOLZINO, KRAUSMAN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court