| 1812 Quentin Road Condominium, Ltd. v State Farm Insur |
| Motion No: 2010-00575 |
| Slip Opinion No: 2010 NY Slip Op 65111(U) |
| Decided on March 10, 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
M99568
T/sl
WILLIAM F. MASTRO, J.P.
HOWARD MILLER
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2010-00575 1812 Quentin Road Condominium, Ltd., et al., respondents, v State Farm Insurance Companies, appellant. (Index No. 22500/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action, including a hearing scheduled for March 9, 2010, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 27, 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 as of right from an order which directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., MILLER, AUSTIN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court