| Kurtzberg v Alexander |
| Motion No: 2009-06986 |
| Slip Opinion No: 2009 NY Slip Op 85390(U) |
| Decided on October 8, 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
M92914
E/sl
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
THOMAS A. DICKERSON
PLUMMER E. LOTT, JJ.
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2009-06986 Susan Kurtzberg, etc., et al., plaintiffs, v James D. Alexander, defendant. (Action No. 1) James D. Alexander, et al., respondents, v Susan Kurtzberg, appellant. (Action No. 2) (Index Nos. 07-22749, 08-3549)
| 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, Westchester County, dated May 21, 2009. Cross motion by the respondents to dismiss the appeal on the ground that the appellant is not aggrieved by the order appealed from.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
FISHER, J.P., COVELLO, DICKERSON and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court