Brachfeld v Boyle
Motion No: 2019-10642
Slip Opinion No: 2019 NY Slip Op 83980(U)
Decided on November 13, 2019
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

M267365

kbp/

MARK C. DILLON, J.P.

RUTH C. BALKIN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2019-10642

Maryanne Brachfeld, respondent-appellant,

v Annette Boyle, appellant-respondent.

(Index No. 13693/12)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Nassau County, dated August 1, 2019.

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 and the cross appeal are dismissed on the ground that no appeal lies from an order denying a motion in limine (see Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600); and it is further,

ORDERED that the motion is denied as academic.

DILLON, J.P., BALKIN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court