Matter of Quadrozzi v Quadrozzi Concrete Corp.
Motion No: 2012-03769
Slip Opinion No: 2012 NY Slip Op 72163(U)
Decided on May 3, 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

M137191

E/sl

DANIEL D. ANGIOLILLO, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2012-03769

In the Matter of Patrick Quadrozzi, petitioner-

respondent, v Quadrozzi Concrete Corp., et al.,

respondents; Estate of John Quadrozzi, et al.,

nonparty-appellants.

(Index No. 16299/05)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellants for leave to appeal to this Court from an order of the Supreme Court, Queens County, entered December 19, 2011, and pursuant to CPLR 5518 to vacate a temporary restraining order contained in the order entered December 19, 2011, 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; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is pursuant to CPLR 5518 to vacate the temporary restraining order contained in the order entered December 19, 2011, pending hearing and determination of the appeal, is denied as academic.

ANGIOLILLO, J.P., ENG, LOTT and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court