Torres v New York City Transit Authority
Motion No: 2010-10104
Slip Opinion No: 2010 NY Slip Op 87282(U)
Decided on November 8, 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

M110700

E/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2010-10104

Maria Torres, appellant, v New York City

Transit Authority, et al., respondents.

(Index No. 10848/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered October 1, 2010.

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 deciding the admissibility of evidence at trial (see Parker v Mobil Oil Corp., 16 AD3d 648); and it is further,

ORDERED that the motion is denied as academic.

DILLON, J.P., SANTUCCI, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court