| Murray v Navaretta |
| Motion No: 2007-10874 |
| Slip Opinion No: 2007 NYSlipOp 86134(U) |
| Decided on December 13, 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
M63626
E/sl
ROBERT A. SPOLZINO, J.P.
ANITA R. FLORIO
PETER B. SKELOS
THOMAS A. DICKERSON, JJ.
|
2007-10874 Thomas Murray, et al., respondents, v John Navaretta, etc., et al., appellants. (Index No. 23943-04)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated November 26, 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, 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.
SPOLZINO, J.P., FLORIO, SKELOS and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court