| Rossrock Fund II, LP v Toledo |
| Motion No: 2009-10599 |
| Slip Opinion No: 2009 NY Slip Op 91672(U) |
| Decided on December 17, 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
M96203
E/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2009-10599 Rossrock Fund II, LP, respondent, v Carlos Luis Toledo, et al., defendants, Claudette Boothe, appellant. (Index No. 44329/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from a report of a referee of the Supreme Court, Kings County, dated November 12, 2009.
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 no appeal lies from the report of a referee (see CPLR 5701); and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court