| Novak v 36-02 35th Avenue Development LLC |
| Motion No: 2006-07829 |
| Slip Opinion No: 2006 NYSlipOp 74378(U) |
| Decided on August 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. |
Appellate Division: Second Judicial Department
M43749
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2006-07829 Mario Novak, appellant, v 36-02 35th Avenue Development, LLC, respondent. (Index No. 16690/05)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order and judgment (one paper) of the Supreme Court, Queens County, dated June 19, 2006, and, inter alia, to stay enforcement of the order and judgment 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 to this court is denied as unnecessary as the order and judgment is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., SKELOS, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court