| Hinz v Creighton |
| Motion No: 2009-11052 |
| Slip Opinion No: 2010 NY Slip Op 60008(U) |
| Decided on January 4, 2010 |
| 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
M96823
J/sl
REINALDO E. RIVERA, J.P.
JOSEPH COVELLO
JOHN M. LEVENTHAL
LEONARD B. AUSTIN, JJ.
|
2009-11052 Kathleen Hinz, et al., respondents, v Mark G. Creighton, etc., et al., appellants. (Index No. 9514-05)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to appeal to this court from an order of the Supreme Court, Suffolk County, entered November 4, 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 the papers filed in opposition 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, as no appeal lies from a ruling made by the court during the course of trial (see Kyong Hi Wohn v County of Suffolk, 211 AD2d 761; Radford v Sheridan Products, Inc., 181 AD2d 667); and it is further,
ORDERED that the branch of the motion which is for a stay is denied as academic.
RIVERA, J.P., COVELLO, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court