| RALPH FUSCO, AS EXECUTOR OF THE ESTATE OF CLIFFORD M. REILLY, DECEASED V NEW YORK CENTRAL MUTUAL INSURANCE |
| Motion No: CA 13-00746 |
| Slip Opinion No: 2013 NY Slip Op 73869(U) |
| Decided on May 15, 2013 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-00746
| RALPH FUSCO, AS EXECUTOR OF THE ESTATE OF CLIFFORD M.
REILLY, DECEASED, PLAINTIFF-APPELLANT, V NEW YORK CENTRAL MUTUAL INSURANCE,
DEFENDANT-RESPONDENT. |
Appellant having moved for a stay of all proceedings to enforce the order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on April 15, 2013, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Ralph W. Fusco, Esq., sworn to April 18, 2013, the notice of motion with proof of service thereof, and the affidavit of Keith D. Miller, Esq., sworn to May 1, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and the appeal are dismissed because it appears that the order being appealed was entered sua sponte, and there is no right of appeal from an order entered sua sponte (see CPLR 5701 [a] [2]; Sholes v Meagher, 100 NY2d 333, 335-336).
Entered: May 15, 2013
Frances E. Cafarell, Clerk