| Smith v CYF Transport, Inc. |
| Motion No: 2009-01996 |
| Slip Opinion No: 2009 NY Slip Op 70268(U) |
| Decided on April 22, 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
M85604
E/cb
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL, JJ.
|
2009-01996 Marie Charlier Smith, respondent, v CYF Transport, Inc., et al., appellants. (Index No. 3719/07)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay, inter alia, an inquest on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered January 14, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal by CYF Transport, Inc., is dismissed, without costs or disbursements, on the ground that it is not aggrieved by the order appealed from (see CPLR 5511); and it is further,
ORDERED that the motion is denied.
FISHER, J.P., COVELLO, ANGIOLILLO and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court