| Whitfield v 26 Court Street Associates, LLC |
| Motion No: 2009-05559 |
| Slip Opinion No: 2009 NY Slip Op 77174(U) |
| Decided on July 2, 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
M88889
E/cb
ANITA R. FLORIO, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2009-05559 Tyrone Whitfield, et al., respondents, v 26 Court Street Associates, LLC, et al., defendants, Schindler Elevator Corporation, appellant. (Index No. 24539/05)
| DECISION & ORDER ON MOTION |
Motion by Schindler Elevator Corporation pursuant to CPLR 5704(a) to stay the trial in the above-entitled action, and for leave to appeal to this court from an order of the Supreme Court, Kings County, dated June 12, 2009, to stay the trial in the above-entitled action pending hearing and determination of the appeal, and for a preference in the calendaring 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 pursuant to CPLR 5704(a) to stay the trial in the above-entitled action is denied; and it is further,
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[a][2]); and it is further,
ORDERED that the motion is otherwise denied as academic.
FLORIO, J.P., MILLER, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court