Silverstein v Newman
Motion No: 2007-10291
Slip Opinion No: 2007 NYSlipOp 84430(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M62739

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

WILLIAM E. McCARTHY, JJ.

2007-10291

Bea Silverstein, plaintiff, v

Ira Newman, etc., et al., defendants.

(Index No. 012329/07)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated July 17, 2007, and, inter alia, to stay enforcement of the order as well as to stay all proceedings in a matter entitled Newman v Silverstein, pending in the District Court of Nassau County, Fourth District, Hempstead Part, under Index No. 1423/07, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the temporary restraining order contained in the order to show cause of this court dated November 2, 2007, is vacated.

RIVERA, J.P., SPOLZINO, RITTER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court