| State Bank of India, Flushing Branch v Smarrt Systems, In |
| Motion No: 2008-11271 |
| Slip Opinion No: 2009 NYSlipOp 60222(U) |
| Decided on January 8, 2009 |
| 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
M80836
E/sl
STEVEN W. FISHER, J.P.
HOWARD MILLER
EDWARD D. CARNI
RUTH C. BALKIN, JJ.
|
2008-11271 State Bank of India, Flushing Branch, plaintiff, v Smarrt Systems, Inc., et al., defendants. (Index No. 7268/91)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Queens County, dated November 19, 2008, and to stay a hearing on the issue of whether service of process was properly effected, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition 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 motion is otherwise denied as academic.
FISHER, J.P., MILLER, CARNI and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court