| Matter of Allstate Insurance Company v Li-Wei Shi |
| Motion No: 2011-03397 |
| Slip Opinion No: 2011 NY Slip Op 70849(U) |
| Decided on April 22, 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
M119027
E/ct
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
SHERI S. ROMAN, JJ.
|
2011-03397 In the Matter of Allstate Insurance Company, petitioner-respondent, v Li-Wei Shi, respondent, Metlife Auto & Home, et al., appellants. (Index No. 31931/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled matter, including a framed issue hearing, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 12, 2010.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from so much of the order dated October 12, 2010, as referred the matter to a judicial hearing officer to hear and report with respect to the issue of insurance coverage is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order which directs a hearing to aid in the disposition of a motion (see CPLR 5701[a][2][v]; Bagdy v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied.
SKELOS, J.P., ANGIOLILLO, DICKERSON and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court