Libretti v Libretti
Motion No: 2014-02230
Slip Opinion No: 2014 NY Slip Op 67971(U)
Decided on March 31, 2014
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

M171994

E/sl

RANDALL T. ENG, P.J.

PLUMMER E. LOTT

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2014-02230

Theresa Libretti, appellant,

v Joanne Libretti, et al., respondents.

(Index No. 102129/10)

DECISION & ORDER ON MOTION

Motion by Theresa Libretti for leave to appeal to this Court from an order of the Supreme Court, Richmond County, dated March 10, 2014, and to stay all proceedings in the above-entitled action, including the trial on the counterclaims, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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 purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

ENG, P.J., LOTT, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court