| McClean v Spencer |
| Motion No: 2015-00452 |
| Slip Opinion No: 2015 NY Slip Op 63032(U) |
| Decided on February 4, 2015 |
| 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
M186923
E/sl
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SHERI S. ROMAN
BETSY BARROS, JJ.
|
2015-00452 Frederica McClean, respondent, v Devon Spencer, appellant. (Index No. 43861/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated September 30, 2014, and to stay the trial in the above-entitled action 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 on the Court's own motion, the appeal from so much of the order as denied reargument is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary with respect to so much of the order as denied leave to renew (see CPLR 5701), and is otherwise denied as academic; and it is further,
ORDERED that the branch of the motion which is to stay the trial is denied.
RIVERA, J.P., HALL, AUSTIN, ROMAN and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court