West Maspeth Local Development Corp. v Maspeth Devel
Motion No: 2006-05814
Slip Opinion No: 2006 NYSlipOp 71346(U)
Decided on June 29, 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

M41667

A/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2006-05814

West Maspeth Local Development Corp.,

et al., respondents, v Maspeth Development, LLC,

appellant.

(Index No. 10932/06)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay a temporary restraining order contained in an order to show cause of the Supreme Court, Queens County, dated May 15, 2006, pending hearing and determination of an appeal from an order of the same court dated June 19, 2006.

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 as the order dated June 19, 2006, is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701); and it is further,

ORDERED that the motion is denied as academic.

SCHMIDT, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court