| Andrea Minsky v Ron Morello |
| Motion No: 2011-02906 NC |
| Slip Opinion No: 2011 NY Slip Op 91009(U) |
| Decided on November 23, 2011 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
DENISE F. MOLIA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Andrea Minsky, Respondent, v Ron Morello, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Nassau County, Fourth District, dated September 1, 2010.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal as of right lies from an order which directs that a traverse hearing be held (see CCA 1702 [a] [2]; Tovia Capital, LLC v Katebi, 21 Misc 3d 128[A], 2008 NY Slip Op 51957[U] [App Term, 2d & 11th Jud Dists]; see also Frost v Halvorsen, 100 AD2d 608 [1984]; Citibank v S & J Inzlicht, Inc., 8 Misc 3d 134[A], 2005 NY Slip Op 51174[U] [App Term, 2d & 11th Jud Dists]); and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk