Gonzalez v Paiusco
Motion No: 2009-02798
Slip Opinion No: 2009 NY Slip Op 90878(U)
Decided on December 10, 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

M95794

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2009-02798

Raymuno Gonzalez, etc., et al., respondents,

v Augusto Paiusco, etc., et al., appellants,

et al., defendants.

(Index No. 33389/06)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated February 6, 2009, to include certain documents and, in effect, to hold the appeal in abeyance.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the appellants are not aggrieved by the order dated February 6, 2009 (see Berrechid v Shahin, 60 AD3d 884); and it is further,

ORDERED that the motion is denied as academic.

DILLON, J.P., FLORIO, HALL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court