| Nealis v Nealis |
| Motion No: 2010-03486 |
| Slip Opinion No: 2010 NY Slip Op 70824(U) |
| Decided on May 7, 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
M102467
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
HOWARD MILLER
LEONARD B. AUSTIN, JJ.
|
2010-03486, 2009-10254 Malina Nealis, appellant, v Kevin Nealis, defendant; Justin Nealis, et al., nonparties. (Appeal No. 1) Malina Nealis, plaintiff, v Kevin Nealis, respondent; Waterside Realty Corp., et al., nonparty- appellants. (Appeal No. 2) (Index No. 07-4602)
| DECISION & ORDER ON MOTION |
Motion by the Waterside Realty Corp. and Jon Lefkowitz on appeals from two orders of the Supreme Court, Orange County, dated September 27, 2009 (Appellate Division Docket No. 2009-10254), and February 22, 2010 (Appellate Division Docket No. 2010-03486), respectively, to stay enforcement of the order dated February 22, 2010, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, the appeal from the order dated September 27, 2009 (Appellate Division Docket No. 2009-10254), is dismissed, without costs or disbursements, on the ground that Malina Nealis is not aggrieved by that order (see CPLR 5511); and it is further,
ORDERED that the motion is denied.
RIVERA, J.P., FLORIO, MILLER and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court