DiSanto v DiSanto
Motion No: 2009-00505
Slip Opinion No: 2009 NYSlipOp 62566(U)
Decided on February 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M81993

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-00505

Dorothy M. DiSanto, respondent,

v Frank J. DiSanto, defendant;

Denis Krusos, et al., nonparty-appellants.

(Index No. 30689/98)

DECISION & ORDER ON MOTION

Motion by Denis Krusos, Henry Herms, and CopyTele, Inc., for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated January 13, 2009, and to stay enforcement of stated portions of the order 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 on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order is denied as academic.

RIVERA, J.P., COVELLO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court