| Gurevich v Gurevich |
| Motion No: 2009-06914 |
| Slip Opinion No: 2010 NY Slip Op 76346(U) |
| Decided on July 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
M105258
E/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2009-06914 Yelena Gurevich, respondent, v Vladimir Gurevich, appellant. (Index No. 42358/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 5, 2009.
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 is dismissed, without costs or disbursements, on the ground that no appeal lies from an order which determines the admissibility of evidence in advance of trial (see Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600); and it is further,
ORDERED that the motion is denied as academic.
SANTUCCI, J.P., MILLER, LEVENTHAL and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court