Matter of American Intl. Ins. Co. of N.J. v Cappellini (2004 NY Slip Op 02749)

Matter of American Intl. Ins. Co. of N.J. v Cappellini

2004 NY Slip Op 02749 [6 AD3d 529]

April 12, 2004

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, June 30, 2004

In the Matter of American International Insurance Co. of New Jersey, Respondent,
v
Giuseppi Cappellini et al., Appellants, et al., Proposed Additional Respondents.

—[*1]In a proceeding for a permanent stay of arbitration, the appeal, as limited by the appellants' brief, is from so much of an order of the Supreme Court, Kings County (Ambrosio, J.), dated February 24, 2003, as granted the petition to the extent of temporarily staying the arbitration pending a hearing.

Ordered that the appeal is dismissed, with costs.

The order appealed from is not appealable as of right and leave to appeal has not been sought (see CPLR 5701; Pinto v Pinto, 308 AD2d 571 [2003]). Prudenti, P.J., Smith, Goldstein and Crane, JJ., concur.