Crawford v Village of Millbrook
Motion No: 2010-06322
Slip Opinion No: 2010 NY Slip Op 79055(U)
Decided on August 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M106733

T/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2010-06322

Dennis V. Crawford, appellant,

v Village of Millbrook, respondent,

(Index No. 2580/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial thereof, pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, dated June 15, 2010.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from an order determining a motion in limine (see Cotgreave v Public Administrator of Imperial County [Cal], 91 AD2d 600); and it is further,

ORDERED that the motion is denied as academic.

COVELLO, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court