Opinion
2011-2906 N C
11-23-2011
Andrea Minsky, Respondent, v. Ron Morello, Appellant.
, P.J.
DENISE F. MOLIA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Nassau County, Fourth District, dated September 1, 2010.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal as of right lies from an order which directs that a traverse hearing be held (see CCA 1702 [a] [2]; Tovia Capital, LLC v Katebi, 21 Misc 3d 128[A], 2008 NY Slip Op 51957[U] [App Term, 2d & 11th Jud Dists]; see also Frost v Halvorsen, 100 AD2d 608 [1984]; Citibank v S & J Inzlicht, Inc., 8 Misc 3d 134[A], 2005 NY Slip Op 51174[U] [App Term, 2d & 11th Jud Dists]); and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk