Matter of Stern v Levine
Motion No: 2009-07691
Slip Opinion No: 2009 NY Slip Op 82626(U)
Decided on September 9, 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

M91702

E/sl

HOWARD MILLER, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2009-07691

In the Matter of Neilan Stern, petitioner,

v Laurence Levine, respondent.

(Index No. 77826/02)

DECISION & ORDER ON MOTION

Motion by Laurence Levine, inter alia, for leave to appeal to this court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated February 13, 2009, which reversed an order of the Civil Court of the City of New York, Kings County, entered September 29, 2006, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

MILLER, J.P., CHAMBERS, LOTT and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court