| Sau Ting Cheng v Prime Design Realty, Inc. |
| Motion No: 2006-05841 +1 |
| Slip Opinion No: 2006 NYSlipOp 72134(U) |
| Decided on July 18, 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
M42239
E/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2006-05841, 2006-06094 Sau Ting Cheng, appellant, v Prime Design Realty, Inc., et al., respondents.
(Index No. 6740/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the removal of a certain lis pendens pending hearing and determination of appeals from a transcript of the Supreme Court, Queens County, dated April 26, 2006, and an order of the same court dated May 25, 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 from the transcript is dismissed, without costs or disbursements, on the ground that no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,
ORDERED that on the court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying a motion to vacate a decision (see Matter of Colonial Penn Ins. Co. v Culley, 144 AD2d 363); and it is further,
ORDERED that the motion is denied as academic.
MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court