Gardella v Remizov
Motion No: 2017-11287
Slip Opinion No: 2017 NY Slip Op 94512(U)
Decided on December 7, 2017
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

M242707

E/ct

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2017-11287

Slavina Gardella, respondent,

v Emil Remizov, appellant.

(Index No. 203399/11)

DECISION & ORDER ON MOTION

Motion by Emil Remizov for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated September 19, 2017, 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 the branch of the motion which is for leave to appeal is denied as unnecessary as the order dated September 19, 2017, is appealable as of right (see, CPLR 5701); and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court