| Matter of Dimeglio v Village of Briarcliff Manor |
| Motion No: 2007-07509 |
| Slip Opinion No: 2008 NYSlipOp 63271(U) |
| Decided on February 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. |
Appellate Division: Second Judicial Department
M66016
E/sl
STEVEN P. FISHER, J.P.
HOWARD MILLER
WILLIAM E. McCARTHY
CHERYL E. CHAMBERS, JJ.
|
2007-07509, 2008-00505 In the Matter of Linda Dimeglio, petitioner-respondent, v Village of Briarcliff Manor, etc., appellant, et al., respondents. (Index No. 06-23186)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, entered July 17, 2007, and December 21, 2007, respectively, to declare that enforcement of the order entered July 17, 2007, is stayed pursuant to CPLR 5519(a)(1), or, in the alternative, to stay enforcement of that order, and to stay enforcement of the order entered December 21, 2007, pending hearing and determination of the appeals.
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 from the order entered December 21, 2007, is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b][1]), and we decline to grant leave to appeal; and it is further,
ORDERED that the branch of the motion which is to declare that enforcement of the order entered July 17, 2007, is stayed pursuant to CPLR 5519(a)(1) is denied; and it is further,
ORDERED that the branches of the motion which are to stay enforcement of the orders are denied.
FISHER, J.P., MILLER, McCARTHY and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court