Opinion
Motion No: 2011-08777 2011-09160 Index No. 15129/05 M127081
10-11-2011
Salvatore Gambino, respondent, v. Matteo Gambino, et al., defendants, Orsola Gambino, appellant.
, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to stay, inter alia, the closing of the sale of the subject real property, pending hearing and determination of appeals from a clerk's extract of the minutes of a nonjury trial of the Supreme Court, Kings County, dated May 16, 2011, in the above-entitled action and an order of the same court dated August 16, 2011.
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 from the clerk's extract of the minutes of the nonjury trial of the Supreme Court, Kings County, dated May 16, 2011 (Appellate Division Docket No. 2011-09160), is dismissed, without costs or disbursements (see CPLR 5512[a]; Rockman v Brosnan, 280 AD2d 591); and it is further,
ORDERED that the motion is denied.
ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court