| Fortune Realty, Inc. v 63 Drive Corporation |
| Motion No: 2006-05566 |
| Slip Opinion No: 2006 NYSlipOp 71692(U) |
| Decided on July 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
M41902
S/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2006-05566 Fortune Realty, Inc., plaintiff, v 63 Drive Corporation, et al., defendants. (Index No. 26059/05)
| DECISION & ORDER ON MOTION |
Motion by the defendants for leave to appeal to this court from an order of the Supreme Court, Queens County, dated June 5, 2006, and to stay enforcement of the 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; and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that the appeal taken as of right is dismissed, without costs or disbursements, as the order is not appealable as of right.
KRAUSMAN, J.P., GOLDSTEIN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court