| Gayones v City of New York |
| Motion No: 2008-09512 |
| Slip Opinion No: 2008 NYSlipOp 88251(U) |
| Decided on November 5, 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
M78081
E/sl
STEVEN W. FISHER, J.P.
RUTH C. BALKIN
WILLIAM E. McCARTHY
JOHN M. LEVENTHAL, JJ.
|
2008-09512 Manuel Gayones, respondent, v City of New York, et al., appellants. (Index No. 18404/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 16, 2008.
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 on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from an order determining a motion in limine (see Cotgreave v Public Administrator of Imperial County [Cal], 91 AD2d 600); and it is further,
ORDERED that the motion is denied as academic.
FISHER, J.P., BALKIN, McCARTHY and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court