Appellate Division: Second Judicial Department

M66385

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

ARIEL E. BELEN, JJ.

2008-01203, 2008-01204 James L. Kapsis, appellant, v Michael Peragine, et al., respondents. (Index No. 13623/02)

DECISION & ORDER ON MOTION

Motion by James L. Kapsis for leave to appeal to this court from two orders of the Supreme Court, Nassau County, dated January 18, 2008, January 31, 2008, respectively, and to stay, inter alia, a hearing on the issue of sanctions 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 the branches of the motion which are for leave to appeal from so much of the order dated January 18, 2008, as directed a hearing on the issue of sanctions and for leave to appeal from the order dated January 31, 2008, are denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from so much of the order dated January 18, 2008, as denied the movant's motion is denied as unnecessary (see CPLR 5701); and it is further,

ORDERED that on the court's own motion, the appeals purportedly taken as of right from so much of the order dated January 18, 2008 (Appellate Division Docket No. 2008-01203), as directed a hearing on the issue of sanctions and from the order dated January 31, 2008 (Appellate Division Docket No. 2008-01204), are dismissed, without costs or disbursements, on the ground that portion of the order dated January 18, 2008, and the order dated January 31, 2008, are not appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to stay, inter alia, a hearing on the issue of sanctions is denied.

FISHER, J.P., DILLON, McCARTHY and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court