| Matter of D. (Anonymous), Alice |
| Motion No: 2011-10297 |
| Slip Opinion No: 2011 NY Slip Op 90727(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. |
Appellate Division: Second Judicial Department
M129353
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2011-10297 In the Matter of Alice D. (Anonymous). Edward G. Bailey, et al., appellants; v Matthew Lupoli, et al., respondents. (Index No. 5920/01)
| DECISION & ORDER ON MOTION |
Motion by Edward G. Bailey and others for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated September 26, 2011, and to stay a certain hearing pending hearing and determination of the appeal.
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 as to so much of the order as directed a hearing and is otherwise denied as unnecessary; and it is further,
ORDERED that on the Court's own motion, the appeal purportedly taken as of right from so much of the order as directed a hearing is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to stay the hearing is denied.
ANGIOLILLO, J.P., DICKERSON, LOTT and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court