Shelby v Blakes
Motion No: 2013-03975
Slip Opinion No: 2013 NY Slip Op 75049(U)
Decided on May 28, 2013
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M157007

E/sl

RANDALL T. ENG, P.J.

CHERYL E. CHAMBERS

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2013-03975

Harold Shelby, plaintiff,

v Pauline A. Blakes, et al., defendants;

Gruenberg Kelly, nonparty-appellant;

Borda, Kennedy, Alsen & Gold, LLP,

nonparty-respondent.

(Index No. 42952/09)

DECISION & ORDER ON MOTION

Motion by nonparty Gruenberg Kelly on an appeal from an order of the Supreme Court, Suffolk County, dated March 1, 2013, in effect, for leave to appeal to this Court from so much of the order as directed a hearing on the issue of attorneys fees, and to stay the hearing on the issue of attorneys fees, pending hearing and determination of the appeal.

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 the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., CHAMBERS, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court