| Kadziela v Santoriella, DiTomaso, P.C. |
| Motion No: 2013-09838 |
| Slip Opinion No: 2013 NY Slip Op 94628(U) |
| Decided on December 19, 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. |
Appellate Division: Second Judicial Department
M167004
E/sl
PETER B. SKELOS, J.P.
PLUMMER E. LOTT
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-09838, 2013-11025 Thaddeus Kadziela, et al., appellants, v Santoriella, DiTomaso, P.C., et al., respondents. (Index No. 100012/12)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders of the Supreme Court, Richmond County, dated August 5, 2013, and August 19, 2013, respectively, inter alia, to stay the trial in the above-entitled action pending hearing and determination of the appeal from the order dated August 5, 2013.
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 the order dated August 19, 2013 (Appellate Division Docket No. 2013-11025), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied.
SKELOS, J.P., LOTT, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court