| Matter of Global Liberty Insurance Company v Chiriboga |
| Motion No: 2015-12419 |
| Slip Opinion No: 2016 NY Slip Op 61771(U) |
| Decided on January 21, 2016 |
| 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
M205132
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX, JJ.
|
2015-12419 In the Matter of Global Liberty Insurance Company, appellant, v Hernan Chiriboga, et al., respondents. (Index No. 11729/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled matter pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 30, 2015.
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 referred for a hearing the issue of whether Hernan Chiriboga was a participant in a staged accident is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589) and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied.
RIVERA, J.P., LEVENTHAL, SGROI and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court