| Oluwatayo v Dulinayan |
| Motion No: 2018-06639 |
| Slip Opinion No: 2018 NY Slip Op 75487(U) |
| Decided on June 20, 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
M251615
E/afa
LEONARD B. AUSTIN, J.P.
SHERI S. ROMAN
COLLEEN D. DUFFY
LINDA CHRISTOPHER, JJ.
|
2018-06639 Victor Oluwatayo, respondent, v Mariah R. Dulinayan, et al., appellants, et al., defendant. (Index No. 100480/15)
| DECISION & ORDER ON MOTION |
Motion by Mariah R. Dulinayan and Jonathan R. Shaatal for leave to appeal to this Court from an order of the Supreme Court, Richmond County, dated April 12, 2018, 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 on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order determining the admissibility of evidence in advance of the 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.
AUSTIN, J.P., ROMAN, DUFFY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court