| Taylor v James |
| Motion No: 2011-00553 |
| Slip Opinion No: 2011 NY Slip Op 63679(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
M115323
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2011-00553 Lynette G. Taylor, plaintiff-respondent, v Joseph C. James, etc., appellant, et al., defendant; Genevieve Lane LoPresti, nonparty- respondent. (Index No. 10015/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action and to stay enforcement of so much of an order of the Supreme Court, Kings County, dated December 14, 2010, as directed him to pay costs in the sum of $1,000 to the plaintiff-respondent's attorney, pending hearing and determination of an appeal from the order.
Upon the papers filed in support of the motion and the papers filed in relation 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 directed the appellant to pay costs in the sum of $1,000 to the plaintiff-respondent's attorney, 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