| Argueta v El Nopal Restaurant Corp., doing business as El |
| Motion No: 2012-08412 |
| Slip Opinion No: 2012 NY Slip Op 86112(U) |
| Decided on October 3, 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
M144449
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2012-08412 Jose Argueta, plaintiff-appellant, v El Nopal Restaurant Corp., doing business as El Nopal Restaurante Corp., et al., respondents; Milene Mansouri, nonparty-appellant. (Index No. 23314/10)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated July 20, 2012, and, in effect, to stay enforcement of stated portions of the order, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the Court's own motion, the appeal by the plaintiff-appellant is dismissed, without costs or disbursements, on the ground that he is not aggrieved by the order dated July 20, 2012 (see CPLR 5511); and it is further,
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that on the Court's own motion, the appeal by the nonparty-appellant purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
RIVERA, J.P., DICKERSON, HALL and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court