| Elliot Rindenow v Esther Alenick, Et Al. |
| Motion No: 2014-00306 NC |
| Slip Opinion No: 2014 NY Slip Op 68647(U) |
| Decided on March 21, 2014 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| Elliot Rindenow, Respondent, v Esther Alenick, et al., Appellants. |
Motion by appellants for a stay pending the determination of an appeal from a sua sponte order of the District Court of Nassau County, First District, dated January 13, 2014. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellants' motion.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellants' motion and respondent's motion are consolidated for disposition; and it is further,
ORDERED, on the court's own motion, that the appeal is dismissed on the ground that no appeal as of right lies from the District Court's sua sponte order (see UDCA 1702 [a]; Sholes v Meagher 100 NY2d 333 [2003]); and it is further,
ORDERED that appellants' motion and respondent's motion are denied as academic.
ENTER:
Paul Kenny
Chief Clerk