| Congregation Atzei Chaim v Nachman Brach, Inc. |
| Motion No: 2008-04392 |
| Slip Opinion No: 2008 NYSlipOp 73170(U) |
| Decided on May 29, 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
M71136
E/sl
ROBERT A. SPOLZINO, J.P.
DAVID S. RITTER
THOMAS A. DICKERSON
JOHN M. LEVENTHAL, JJ.
|
2008-04392, 2008-04403 Congregation Atzei Chaim, respondent, v Nachman Brach, Inc., et al., appellants, et al., defendants. (Appeal No. 1)
Congregation Yetev Lev D'Satmar, Inc., et al., respondents, v Nachman Brach, Inc., et al., appellants, et al., defendants. (Appeal No. 2) (Index Nos. 13224/90, 47047/96)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated April 1, 2008, and an undated order of the same court.
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 undated order (Appellate Division Docket No. 2008-04392) is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701); and it is further,
ORDERED that the motion is denied.
SPOLZINO, J.P., RITTER, DICKERSON and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court