| Kaplan v County of Nassau |
| Motion No: 2007-09352 |
| Slip Opinion No: 2007 NYSlipOp 82259(U) |
| Decided on October 29, 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
M61784
E/sl
HOWARD MILLER, J.P.
ROBERT A. LIFSON
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2007-09352 Sandra Araujo Kaplan, etc., et al., appellants, v County of Nassau, et al., respondents, et al., defendant. (Index No. 9493/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered October 5, 2007.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from an order determining the admissibility of evidence in advance of trial (see Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600); and it is further,
ORDERED that the motion is denied as academic.
MILLER, J.P., LIFSON, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court