| Washington Mutual Bank v Davis |
| Motion No: 2010-09636 |
| Slip Opinion No: 2010 NY Slip Op 90524(U) |
| Decided on December 13, 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
M112514
E/sl
ANITA R. FLORIO, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
LEONARD B. AUSTIN, JJ.
|
2010-09636 Washington Mutual Bank, respondent, v Ellen S. Davis, et al., appellants, et al., respondents. (Index No. 08-804)
| DECISION & ORDER ON MOTION |
Motion by Ellen S. Davis and Roger K. Solymosy for leave to appeal to this court from so much of an order of the Supreme Court, Westchester County, entered August 10, 2010, as directed a traverse hearing, and to stay the traverse hearing 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 the traverse hearing is denied as academic.
FLORIO, J.P., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court