| Capuano-Diaz v Diaz |
| Motion No: 2009-07748 |
| Slip Opinion No: 2009 NY Slip Op 83122(U) |
| Decided on September 16, 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
M91984
E/sl
MARK C. DILLON, J.P.
RANDALL T. ENG
ARIEL E. BELEN
L. PRISCILLA HALL, JJ.
|
2009-07748 Giustina Capuano-Diaz, appellant, v Rolando Diaz, respondent. (Index No. 19316-08)
| DECISION & ORDER ON MOTION |
Motion by Giustina Capuano-Diaz for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated June 12, 2009, and to stay the trial 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 on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to stay the trial is denied as academic.
DILLON, J.P., ENG, BELEN and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court