Gambino v Gambino
Motion No: 2011-08777
Slip Opinion No: 2011 NY Slip Op 86167(U)
Decided on October 11, 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

M127081

E/ct

DANIEL D. ANGIOLILLO, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-08777, 2011-09160

Salvatore Gambino, respondent,

v Matteo Gambino, et al., defendants,

Orsola Gambino, appellant.

(Index No. 15129/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay, inter alia, the closing of the sale of the subject real property, pending hearing and determination of appeals from a clerk's extract of the minutes of a nonjury trial of the Supreme Court, Kings County, dated May 16, 2011, in the above-entitled action and an order of the same court dated August 16, 2011.

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 the clerk's extract of the minutes of the nonjury trial of the Supreme Court, Kings County, dated May 16, 2011 (Appellate Division Docket No. 2011-09160), is dismissed, without costs or disbursements (see CPLR 5512[a]; Rockman v Brosnan, 280 AD2d 591); and it is further,

ORDERED that the motion is denied.

ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court