| Garfield v United General Title Insurance Company |
| Motion No: 2010-01559 |
| Slip Opinion No: 2010 NY Slip Op 67616(U) |
| Decided on April 6, 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
M100906
E/sl
HOWARD MILLER, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2010-01559 Jack C. Garfield, respondent-appellant, v United General Title Insurance Company, appellant-respondent. (Index No. 30505/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, entered January 15, 2010, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the appeal by the appellant-respondent is dismissed, without costs or disbursements, on the ground that the appellant-respondent is not aggrieved by the order appealed from (see CPLR 5511); and it is further,
ORDERED that the motion is denied.
MILLER, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court