| Perrone v Pappalardo |
| Motion No: 2010-10548 |
| Slip Opinion No: 2011 NY Slip Op 63668(U) |
| Decided on February 9, 2011 |
| 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
M115325
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2010-10548 Angelo Perrone, et al., respondents, v Frank Pappalardo, appellant. (Index No. 104131/08)
| 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, Richmond County, dated September 28, 2010.
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 notice of appeal is treated as an application for leave to appeal from so much of the order as, in effect, directed dismissal of the appellant's counterclaim, and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the motion is denied.
RIVERA, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court