Opinion
2011-07992 Index No. 33533/08 M126211
09-21-2011
In the Matter of State of New York, respondent, v. Carmelo M. (Anonymous), appellant.
, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant, in effect, to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 21, 2011, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal on the original papers.
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 the order is not appealable as of right (see Mental Hygiene Law § 10.13[b]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., BALKIN, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court