Prusick v Parkin
Motion No: 2009-03801
Slip Opinion No: 2009 NY Slip Op 72101(U)
Decided on May 11, 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

M86411

E/cb

ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-03801

Irene Prusik, plaintiff-appellant,

v Thomas Parkin, defendant; Thomas

Prusik-Parkin, nonparty-appellant;

Samir Chopra, nonparty-respondent.

(Index No. 29950/03)

DECISION & ORDER ON MOTION

Motion by Irene Prusik and Thomas Prusik-Parkin for leave to appeal to this court from an order of the Supreme Court, Kings County, dated April 14, 2009, and to stay their eviction 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 (see CPLR 5701); and it is further,

ORDERED that the motion is otherwise denied as academic.

SPOLZINO, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court