| Emanuel Polak v Carlton Resources Inc. et |
| Motion No: #511695 |
| Slip Opinion No: 2011 NY Slip Op 67343(U) |
| Decided on March 17, 2011 |
| Appellate Division, Third 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. |
Decided and Entered: March 17, 2011
Case
#511695
EMANUEL POLAK, Appellant, v
Respondents. |
DECISION AND ORDER ON MOTION |
Motion for stay pending appeal.
Cross motion to dismiss appeal.
Upon the papers filed in support of
the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the cross motion to dismiss the appeal is
granted, without costs, on the ground that the appeal is taken from a decision which is a nonappealable paper (see CPLR 5512 [a]; DD & P
Realty, Inc. v Robustiano, 68 AD3d 1496 [2009]), and it is further
ORDERED that the motion for a stay pending appeal is denied,
without costs, as academic.
MERCURE, J.P., SPAIN, LAHTINEN, MALONE JR. and EGAN JR., JJ.,
concur.
ENTER:
Robert D. Mayberger
Clerk of the Court