O'Brien v Golden
Motion No: 2012-04123
Slip Opinion No: 2012 NY Slip Op 73683(U)
Decided on May 21, 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

M138038

S/sl

DANIEL D. ANGIOLILLO, J.P.

ARIEL E. BELEN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2012-04123

Anne M. O'Brien, respondent,

v Michele Golden, appellant.

(Index No. 11889-08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated February 22, 2012. Application by the appellant to supplement the motion papers with a memorandum of law.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is denied; and it is further,

ORDERED that on the Court's own motion the appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the motion is denied as academic.

ANGIOLILLO, J.P., BELEN, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court