| Prieto v Brown-Berkowitz |
| Motion No: 2012-07993 |
| Slip Opinion No: 2012 NY Slip Op 84409(U) |
| Decided on September 12, 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
M143373
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2012-07993 Vickie Kokkalenios Prieto, et al., respondents, v Suzanne Brown-Berkowitz, etc., et al., defendants, Shari Siegel-Goldman, etc., appellant. (Index No. 09-10384)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Rockland County, entered July 27, 2012, and to stay her further deposition, pending hearing and determination of an appeal from the order.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from so much of the order as granted that branch of the respondents' motion which was for a further deposition is dismissed, without costs or disbursements, as that portion of the order is not appealable as of right (see Sainz v New York City Health & Hosps. Corp., 106 AD2d 500), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied.
SKELOS, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court