Stafford v Ramirez
Motion No: 2012-00397
Slip Opinion No: 2012 NY Slip Op 62604(U)
Decided on January 30, 2012
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

M132420

E/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2012-00397

Jackie Stafford, plaintiff, v Kenneth Ramirez,

respondent, Andrew B. Wilen, et al., appellants.

(Index No. 4209/10)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered December 6, 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 is dismissed, without costs or disbursements, on the ground that the appellants are not aggrieved by the order appealed from (see CPLR 5511; Mixon v TBV, Inc., 76 AD3d 144); and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., ENG, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court