| Matter of Lipsky v New York Institute of Technology |
| Motion No: 2008-01859 |
| Slip Opinion No: 2008 NYSlipOp 66654(U) |
| Decided on March 17, 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
M67721
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS, JJ.
|
2008-01859 In the Matter of Paul Lipsky, respondent, v New York Institute of Technology, et al., appellants. (Index No. 16296/07)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered February 4, 2008.
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, on the ground that no appeal lies as of right from a nonfinal order in an 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 motion is denied as academic.
RIVERA, J.P., FLORIO, ANGIOLILLO and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court