Central Funding Company v Racine
Motion No: 2012-03567
Slip Opinion No: 2012 NY Slip Op 80306(U)
Decided on August 1, 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

M141572

H/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2012-03567

Central Funding Company, et al., respondents,

v Gasner Racine, et al., appellants, et al.,

defendants.

(Index No. 35842/07)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the sale of the subject real property, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 26, 2012.

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, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the motion is denied as academic.

BALKIN, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court