| Matter of Superior Steakhouse Systems Holding Corp. |
| Motion No: 2012-06943 |
| Slip Opinion No: 2012 NY Slip Op 80658(U) |
| Decided on August 6, 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. |
Appellate Division: Second Judicial Department
M141644
H/sl
PETER B. SKELOS, J.P.
CHERYL E. CHAMBERS
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2012-06943 In the Matter of Superior Steakhouse Systems Holding Corp. Wilbur F. Breslin, respondent; Fred Cohen, et al., appellants. (Index No. 16959/08)
| 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, dated July 16, 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, on the ground that no appeal lies from an order which determines the admissibility of evidence in advance of trial (see Cotgreave v Public Administrator of Imperial County [Cal], 91 AD2d 600); and it is further,
ORDERED that the motion is denied as academic.
SKELOS, J.P., CHAMBERS, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court