Miles v Levitan
Motion No: 2009-10400
Slip Opinion No: 2010 NY Slip Op 62472(U)
Decided on February 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M98031

S/sl

A. GAIL PRUDENTI, P.J.

MARK C. DILLON

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2009-10400, 2009-10402, 2009-10403

Ralph Miles, appellant,

v Shari Levitan, respondent.

(Index No. 06-5666)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss appeals from three orders of the Supreme Court, Westchester County, dated May 20, 2009, August 19, 2009, and August 21, 2009, respectively, on the ground that the orders are not appealable as of right, and cross motion by the appellant for leave to appeal from the orders and to stay all proceedings in Supreme Court, Westchester County, pending hearing and determination of the appeals.

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

ORDERED that the motion is granted and the appeals are dismissed, without costs or disbursements (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,

ORDERED that the cross motion is denied, as academic.

PRUDENTI, P.J., DILLON, ENG and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court