| Bougouin v Giorgianni |
| Motion No: 2009-04513 |
| Slip Opinion No: 2009 NY Slip Op 73686(U) |
| Decided on May 29, 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
M87283
E/sl
WILLIAM F. MASTRO, J.P.
STEVEN W. FISHER
RANDALL T. ENG
L. PRISCILLA HALL, JJ.
|
2009-04513 Jean Ives Bougouin, respondent, v Mary Giorgianni, appellant. (Index No. 4112-06)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated February 24, 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 is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., FISHER, ENG and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court