Appellate Division: Second Judicial Department

M135539

E/sl

WILLIAM F. MASTRO, A.P.J.

RANDALL T. ENG

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2010-08826 Aryeh Gutman, respondent, v A to Z Holding Corp., et al., appellants. (Action No. 1) (Index No. 50105/99) 2012-02131 Zalman Klein, respondent, v Menachem Gutman, et al., appellants. (Action No. 2) (Index No. 47485/01)

DECISION & ORDER ON MOTION

Motion by Menachem Gutman, Aryeh Gutman, Abraham Singer, 185 Marcy Corp., 185 Marcy, LLC, and Central Equities Credit Corp., for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated March 6, 2012, entered in Action No. 2, to stay proceedings in Action No. 2, and to stay certain proceedings in Action No. 1, pending hearing and determination of their motion to reargue an appeal from an order of the Supreme Court, Kings County, dated August 7, 2003, entered in Action No. 1, which was determined by decision and order of this Court dated January 17, 2012.

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 on the Court's own motion, the appeal from the order dated March 6, 2012 (Appellate Division Docket No. 2012-02131), purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to stay proceedings in Action No. 2 is denied as academic in light of the dismissal of the appeal from the order dated March 6, 2012; and it is further,

ORDERED that the branch of the motion which is to stay certain proceedings in Action No. 1 pending hearing and determination of the motion to reargue is denied as academic as that motion was determined by decision and order on motion of this Court dated March 16, 2012.

MASTRO, A.P.J., ENG, BELEN and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court