| Terehoff v Frenkel |
| Motion No: 2016-10017 |
| Slip Opinion No: 2016 NY Slip Op 90198(U) |
| Decided on November 1, 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
M220705
E/sl
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2016-10017 John Terehoff, etc., et al., respondents, v Rubin Frenkel, et al., appellants. (Index No. 6166/10)
| 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, Kings County, dated June 1, 2016.
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, on the ground that no appeal lies from an order which determines the admissibility of evidence in advance of trial (see Cotgreave v Public Administrator of Imperial County [Cal], 91 AD2d 600); and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., ROMAN, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court