| Hudson v Gouldbourne |
| Motion No: 2010-07501 |
| Slip Opinion No: 2010 NY Slip Op 88264(U) |
| Decided on November 18, 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
M111196
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2010-07501, 2010-10418 Patrick Hudson, et al., respondents, v Patsy Gouldbourne, etc., appellant. (Index No. 09-1584)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including entry of a judgment or enforcement of any judgment entered in the action, pending hearing and determination of appeals from an order of the Supreme Court, Westchester County, dated July 2, 2010 (Appellate Division Docket No. 2010-07501), and a transcript of the same court dated October 12, 2010 (Appellate Division Docket No. 2010-10418), and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the transcript dated October 12, 2010 (Appellate Division Docket No. 2010-10418), is dismissed, without costs or disbursements, on the ground that no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,
ORDERED that the branch of the motion which is for a stay is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic.
RIVERA, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court