Matter of Grewal v Boparai
Motion No: 2011-04763
Slip Opinion No: 2011 NY Slip Op 75447(U)
Decided on June 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M121460

E/sl

A. GAIL PRUDENTI, P.J.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2011-04763

In the Matter of Harbhanjan Singh Grewal,

et al., respondents, v Bhupinder Singh Boparai,

et al., appellants.

(Index No. 18889/10)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled matter, including a certain hearing, and to stay enforcement of an order of the Supreme Court, Queens County, entered May 2, 2011, pending hearing and determination of an appeal from the order.

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 from so much of the order as directed a hearing is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal from that part of the order; and it is further,

ORDERED that the motion is denied.

PRUDENTI, P.J., ENG, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court