Stein v Osei
Motion No: 2008-02207
Slip Opinion No: 2008 NYSlipOp 71953(U)
Decided on May 14, 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

M70476

E/sl

HOWARD MILLER, J.P.

MARK C. DILLON

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2008-02207

Tracy Stein, etc., et al., respondents,

v Clement Osei, etc., et al., defendants,

James Seibold, etc, et al., appellants.

(Index No. 06-8564)

DECISION & ORDER ON MOTION

Motion by the appellants to stay depositions and discovery in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Rockland County, dated January 18, 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 from an order denying reargument; and it is further,

ORDERED that the motion is denied as academic.

MILLER, J.P., DILLON, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court