| Novia v Rubenstein |
| Motion No: 2013-10658 |
| Slip Opinion No: 2014 NY Slip Op 74352(U) |
| Decided on June 5, 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. |
Appellate Division: Second Judicial Department
M175178
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2013-10658 Linda Novia, respondent, v Joshua Rubenstein, et al., appellants. (Index No. 49473/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 15, 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 is dismissed, without costs or disbursements, as the notice of appeal filed on behalf of Joshua Rubenstein is a nullity (see Matter of Einstoss, 26 NY2d 181); and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., BALKIN, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court