| Giancarlo Didomenico, As Adminstrator of Estate of Kathryn M. Didomenico v Ed Torian |
| Motion No: 2018-00729 SC |
| Slip Opinion No: 2018 NY Slip Op 73421(U) |
| Decided on May 16, 2018 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Giancarlo DiDomenico, as Adminstrator of the Estate of Kathryn M. DiDomenico, Respondent, v Ed Torian, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a "so-ordered" stipulation of settlement of the Justice Court of the Village of Suffern, Rockland County, dated November 14, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed on the ground that no appeal lies from a stipulation of settlement (see CPLR 5511, 5512 [a]; Matter of D'Imperio v Putnam Lake Fire Dept., 262 AD2d 410 [1999]; Reynolds v Spanakos, 196 AD2d 798 [1993]); and it is further,
ORDERED that appellant's motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk