Matter of Toriola v Supreme Court State of New York Appell
Motion No: 2008-01651
Slip Opinion No: 2008 NYSlipOp 70573(U)
Decided on April 30, 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

M69655

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-01651

In the Matter of Rosemary Toriola, petitioner,

v Supreme Court State of New York Appellate

Term 2nd and 11th Judicial District, et al.,

respondents.

DECISION & ORDER ON MOTION

Separate motions by the petitioner in a proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus and prohibition to annul certain determinations of the Appellate Term, Second and Eleventh Judicial Districts, (1), inter alia, in effect, to stay enforcement of certain orders of the Appellate Term, Second and Eleventh Judicial Districts, pending hearing and determination of the proceeding, (2), inter alia, to resettle a decision and order on motion of this court dated April 10, 2008, and (3) to dismiss a cross motion by the respondents Joseph Kahen and Mehrdad Kahen, inter alia, to dismiss the proceeding and to impose sanctions on the petitioner.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are denied.

SKELOS, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court