| Bank of New York Mellon v Geffrard |
| Motion No: 2017-12060 |
| Slip Opinion No: 2018 NY Slip Op 66483(U) |
| Decided on March 9, 2018 |
| 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
M247165
E/rr
JOHN M. LEVENTHAL, J.P.
SYLVIA O. HINDS-RADIX
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2017-12060 Bank of New York Mellon, respondent, v Jean Robert Geffrard, et al., defendants, Emmanuel Roy, et al., appellants. (Index No. 12114/10)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 17, 2017.
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 insofar as taken by Emmanuel Roy is dismissed, without costs or disbursements, as the order dated October 17, 2017, did not decide his motion, which remains pending and undecided (see Katz v Katz, 68 AD2d 536, 544), and he is not aggrieved by the order (see CPLR 5511); and it is further,
ORDERED that the motion is denied.
LEVENTHAL, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court