First Keystone Consultants, Inc. v DDR Constructio
Motion No: 2007-10848
Slip Opinion No: 2007 NYSlipOp 85925(U)
Decided on December 12, 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

M63634

E/nl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2007-10848

First Keystone Consultants, Inc., et al.,

plaintiffs-appellants, v DDR Construction

Services, et al., defendants third-party

plaintiffs-respondents; Schlesinger Electrical

Contractors, Inc., et al., third-party

defendants-appellants.

(Index No. 27095/05)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-appellants to stay enforcement of an order of the Supreme Court, Queens County, dated November 7, 2007, pending hearing and determination of appeals from the order.

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

ORDERED that on the court's own motion, the appeals are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order which directs a hearing to aid in the disposition of a motion (see Bagdy 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.

SPOLZINO, J.P., FLORIO, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court