Schiller v Guthrie
Motion No: 2011-09531
Slip Opinion No: 2011 NY Slip Op 90706(U)
Decided on November 23, 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

M129331

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-09531

Gerard M. Schiller, et al., plaintiffs,

v Debra S. Guthrie, etc., defendant.

(Index No. 11-7709)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated September 12, 2011, and, in effect, to stay all discovery in the above-entitled action, pending hearing and determination by the Supreme Court, Westchester County, of a certain motion and cross motion.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

ANGIOLILLO, J.P., DICKERSON, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court