Katzenberg v Lazzari
Motion No: 2014-06977
Slip Opinion No: 2014 NY Slip Op 82349(U)
Decided on September 2, 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

M179281

E/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

BETSY BARROS, JJ.

2014-06977, 2014-06978

Harvey Katzenberg, respondent, v Derval

Lazzari, defendant; Acme American Repairs,

Inc., et al., nonparty-appellants.

(Index No. 705665/13)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of two orders of the Supreme Court, Queens County, entered June 30, 2014, and July 2, 2014, respectively, pending hearing and determination of appeals therefrom.

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

ORDERED that on the Court's own motion, the appeal from the order entered July 2, 2014 (Appellate Division Docket No. 2014-06978), is dismissed, without costs or disbursements, on the ground that the nonparty-appellants are not aggrieved by that order as the nonparty-appellants did not oppose the respondent's motion which resulted in the order dated July 2, 2014 (see CPLR 5511); and it is further,

ORDERED that the motion is denied.

MASTRO, J.P., CHAMBERS, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court