| Blaine Larsen Farms, Inc. v Stanley Penn & Sons Feed, Inc |
| Motion No: 2006-00747 |
| Slip Opinion No: 2006 NYSlipOp 62711(U) |
| Decided on February 6, 2006 |
| 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. |
Appellate Division: Second Judicial Department
M35754
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
2006-00747 Blaine Larsen Farms, Inc., respondent, v Stanley Penn & Sons Feed, Inc., et al., appellants.
(Index No. 16823/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Nassau County, dated January 17, 2006, pending hearing and determination of an appeal therefrom.
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 as of right from an order which does not decide a motion made on notice, and we decline to grant leave to appeal (see CPLR 5701); and it is further,
ORDERED that the motion is denied as academic.
H. MILLER, J.P., CRANE, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court