Leong v Shi
Motion No: 2008-07362
Slip Opinion No: 2008 NYSlipOp 81756(U)
Decided on September 4, 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

M75211

S/sl

STEVEN W. FISHER, J.P.

RUTH C. BALKIN

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2008-07362

Tracy Leong, plaintiff,

v Wesley Shi, defendant.

(Index No. 17513/08)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Queens County, dated July 17, 2007, and to stay enforcement of a temporary restraining order contained in the order dated July 17, 2007, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of a temporary restraining order contained in the order dated July 17, 2007, is denied as academic.

FISHER, J.P., BALKIN, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court