Wallach v Rothschild
Motion No: 2024-05743
Slip Opinion No: 2024 NY Slip Op 79537(U)
Decided on December 4, 2024
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

M301242

KS/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2024-05743

Moshe N. Wallach, respondent,

v Raquel C. Rothschild, appellant.

(Index No. 30719/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated April 19, 2024. Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, 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 trial (see Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600); and it is further,

ORDERED that the motion is denied as academic.

DUFFY, J.P., WOOTEN, DOWLING and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court