| Crescent Towers Condominium v Behar |
| Motion No: 2011-01572 |
| Slip Opinion No: 2011 NY Slip Op 66344(U) |
| Decided on March 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
M116754
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
RANDALL T. ENG
SANDRA L. SGROI, JJ.
|
2011-01572 Crescent Towers Condominium, respondent, v Mario Behar, appellant.
(Index No. 13507/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, 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, dated November 18, 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 appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., ANGIOLILLO, ENG and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court