Erlich v Krauss
Motion No: 2007-11392
Slip Opinion No: 2008 NYSlipOp 60526(U)
Decided on January 9, 2008
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

M64640

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

HOWARD MILLER

THOMAS A. DICKERSON, JJ.

2007-11392, 2008-00138

Sydney Erlich, etc., et al., plaintiffs,

v Joel Krauss, defendant.

(Index No. 4197/07)

DECISION & ORDER ON MOTION

Motion by the defendant, in effect, for leave to appeal to this court from two orders of the Supreme Court, Queens County, dated November 16, 2007, and, December 20, 2007, respectively, and, inter alia, to stay enforcement of the orders pending hearing and determination of the appeals. Application by the plaintiffs to reject the defendant's reply affirmation dated December 21, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, 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 application is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court