| CHARLES R. LIVECCHI V HSBC |
| Motion No: CA 09-00988 |
| Slip Opinion No: 2009 NY Slip Op 75458(U) |
| Decided on June 16, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 09-00988
| CHARLES R. LIVECCHI, PLAINTIFF-APPELLANT, V HSBC,
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 31, 2009, on the ground that the order is not appealable,
Now, upon reading and filing the affirmation of Jodie L. Ryan dated May 12, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, held in abeyance pending appellant's discharge in bankruptcy (see Gianniny v Gianniny, 207 AD2d 1037 [1994]).
Entered: June 16, 2009
Patricia L. Morgan, Clerk