Hirsch v 2140, LLC
Motion No: 2006-01420
Slip Opinion No: 2006 NYSlipOp 63247(U)
Decided on February 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M36357

O/sl

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2006-01420

Jonathan M. Hirsch, respondent,

v 2140, LLC, appellant.

(Index No. 7901/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated January 27, 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 of disbursements, as the order is not appealable as of right (see CPLR 5701[a][2]), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion is denied as academic.

SCHMIDT, J.P., KRAUSMAN, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court