| Kostiuk v Newell |
| Motion No: 2014-04984 |
| Slip Opinion No: 2014 NY Slip Op 77003(U) |
| Decided on July 3, 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
M176681
E/sl
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
HECTOR D. LASALLE, JJ.
|
2014-04984 Jeanne A. Kostiuk, et al., respondents, v Brian W. Newell, etc., appellant. (Index No. 101421/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated April 24, 2014. Separate motion by the respondents to dismiss the appeal on the ground that the appellant is not aggrieved by the order appealed from.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the respondents' motion is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the appellant's motion is denied as academic.
MASTRO, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court