| Village of Monroe v Dsm, Inc. |
| Motion No: 2012-01591 orcr |
| Slip Opinion No: 2012 NY Slip Op 82750(U) |
| Decided on August 15, 2012 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
DENISE F. MOLIA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Village of Monroe, Respondent, v DSM, Inc., Appellant. |
Motion by appellant on an appeal from an order of the Justice Court of the Town of Monroe, Orange County, entered July 3, 2012, to enjoin respondent and respondent's counsel from prosecuting this action pending the determination of the appeal, and for other relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal in the above-captioned matter is dismissed, as no appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization (see CPL 450.10, 450.15; People v Elmer, 19 NY3d 501 [2012]); and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk