Matter of Driesman v ECI Financial Corporation
Motion No: 2007-11612
Slip Opinion No: 2008 NYSlipOp 60922(U)
Decided on January 11, 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

M64794

E/sl

DAVID S. RITTER, J.P.

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO

EDWARD D. CARNI, JJ.

2007-11612

In the Matter of Barry Driesman, appellant,

v ECI Financial Corporation, respondent.

(Index No. 15026/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the sale of the shares of stock or proprietary lease associated with the subject cooperative apartment, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 5, 2007.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 from an order denying reargument; and it is further,

ORDERED that the motion is denied as academic.

RITTER, J.P., LIFSON, ANGIOLILLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court