| Healy v Cright |
| Motion No: 2007-09948 |
| Slip Opinion No: 2007 NYSlipOp 84413(U) |
| Decided on November 27, 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
M62718
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
DAVID S. RITTER
WILLIAM E. McCARTHY, JJ.
|
2007-09948 Thomas Healy, et al., appellants, v Betty Cright, respondent. (Index No. 11321/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay a traverse hearing in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 25, 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, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagly v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., SPOLZINO, RITTER and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court