Opinion
Motion No: 2011-06181 Index No. 1208/06 M123522
08-04-2011
Gladys Khabbaz, etc., appellant, v. Michael G. Marcus, et al., respondents.
, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the plaintiff for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated May 6, 2011, and, inter alia, to direct the respondents to place of the sum of $35,351.75 in escrow, 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 the branch of the motion which is for leave to appeal is denied without prejudice to plaintiff or plaintiff's counsel seeking the appropriate relief in Supreme Court; and it is further,
ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court