Mancuso v Mancuso
Motion No: 2009-02145
Slip Opinion No: 2009 NYSlipOp 69018(U)
Decided on April 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M84996

E/nl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2009-02145

Melissa Mancuso, respondent,

v Christine Mancuso, et al., appellants.

(and a third-party action)

(Index No. 1077/06)

DECISION & ORDER ON MOTION

Motion by the appellants Incorporated Village of Garden City, Police Officer Petito, and Incorporated Village of Garden City Police Department, joined by the appellant Christine Mancuso, to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Nassau County, entered March 3, 2009.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the court's own motion, the appeal of the appellants Incorporated Village of Garden City, Police Officer Petito, and Incorporated Village of Garden City Police Department is dismissed, without costs or disbursements, on the ground that they are not aggrieved by the order appealed from (see CPLR 5511); and it is further,

ORDERED that the motion is denied.

MASTRO, J.P., COVELLO, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court