Paradise Point Association, Inc. v Zupa
Motion No: 2006-03230
Slip Opinion No: 2006 NYSlipOp 67129(U)
Decided on April 19, 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

M38527

C/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2006-03230

Paradise Point Association, Inc., plaintiff,

v Mary Zupa, defendant.

(Index No. 22401-02)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from a purported order of the Supreme Court, Suffolk County, dated March 9, 2006, and to stay the enforcement of the purported order 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, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the branch of the motion which is for a stay is denied as academic.

MILLER, J.P., LUCIANO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court