| Scalogna v Osipov |
| Motion No: 2012-06890 |
| Slip Opinion No: 2012 NY Slip Op 80859(U) |
| Decided on August 8, 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
M141883
H/ct
RUTH C. BALKIN, J.P.
ARIEL E. BELEN
CHERYL E. CHAMBERS
L. PRISCILLA HALL, JJ.
|
2012-06890 Vito Scalogna, respondent, v Kurshum Osipov, et al., appellants. (Index No. 43/11)
| 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 a transcript of the Supreme Court, Kings County, dated June 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 a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,
ORDERED that the motion is denied as academic.
BALKIN, J.P., BELEN, CHAMBERS and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court