| Matter of Copperill v Sloane |
| Motion No: 2012-10695 |
| Slip Opinion No: 2012 NY Slip Op 93881(U) |
| Decided on December 17, 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
M148256
E/sl
WILLIAM F. MASTRO, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2012-10695 In the Matter of William T. Copperill, petitioner, v Mitchell H. Sloane, respondent. (Index No. 15723/11)
| DECISION & ORDER ON MOTION |
Motion by William T. Copperill for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated November 28, 2012, to stay enforcement of so much of the order as vacated a prior order and a prior judgment of the same court, 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 the branch of the motion which is for leave to appeal is granted to the extent that leave to appeal is granted from so much of the order as sua sponte vacated the prior order and the prior judgment, and that branch of the motion is otherwise denied as unnecessary (see CPLR 5701); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of so much of the order as sua sponte vacated the prior order and the prior judgment is denied as unnecessary in light of the stipulation of the parties dated December 10, 2012.
MASTRO, J.P., LOTT, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court