| Rizzuto v Ruperto Contracting, Inc. |
| Motion No: 2009-01134 |
| Slip Opinion No: 2009 NYSlipOp 68467(U) |
| Decided on April 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. |
Appellate Division: Second Judicial Department
M84709
E/sl
HOWARD MILLER, J.P.
DANIEL D. ANGIOLILLO
RANDALL T. ENG
LEONARD B. AUSTIN, JJ.
|
2009-01134 Adeline Rizzuto, plaintiff, v Ruperto Contracting, Inc., defendant. (Index No. 5981/06)
| DECISION & ORDER ON MOTION |
Motion by Ruperto Contracting, Inc., for leave to appeal to this court from an order of the Supreme Court, Queens County, dated January 8, 2009, and to stay all proceedings in the above-entitled action, including an inquest on the issue of damages, 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 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 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 all proceedings in the above-entitled action, including an inquest on the issue of damages, is denied as academic.
MILLER, J.P., ANGIOLILLO, ENG and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court