| Kasten v Powell |
| Motion No: 2010-03208 |
| Slip Opinion No: 2010 NY Slip Op 71721(U) |
| Decided on May 17, 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
M102945
E/sl
STEVEN W. FISHER, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2010-03208 Kenneth Kasten, et al., respondents, v Fredric A. Powell, appellant. (Index No. 6005/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated March 10, 2010, and to stay discovery and all further proceedings 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; and it is further,
ORDERED that the branch of the motion which is to stay discovery and all further proceedings in the above-entitled action is denied as academic.
FISHER, J.P., HALL, AUSTIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court