| Frances v City of New York |
| Motion No: 2007-08760 |
| Slip Opinion No: 2007 NYSlipOp 80425(U) |
| Decided on October 11, 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
M60924
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
JOSEPH COVELLO
WILLIAM E. McCARTHY, JJ.
|
2007-08760 Darnell Frances, etc., et al., appellants, v City of New York, et al., respondents. (Index No. 21724/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action, and trials on related actions entitled Boling v City of New York, Hinds v City of New York, and Ghee v City of New York, all pending in the Supreme Court, Kings County, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 20, 2007.
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 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[a]); and it is further,
ORDERED that the motion is denied as academic.
MILLER, J.P., RITTER, COVELLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court