| Keyland Mechanical Corporation v 529 Empire Realty Cor |
| Motion No: 2006-08799 |
| Slip Opinion No: 2006 NYSlipOp 79081(U) |
| Decided on November 3, 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
M46499
C/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2006-08799 Keyland Mechanical Corporation, appellant, v 529 Empire Realty Corp., et al., respondents. (Index No. 2479/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 14, 2006, and to stay all proceedings in the above-entitled action 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 from the order dated August 14, 2006, is denied; and it is further,
ORDERED that the appeal purportedly taken as of right from the order is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from the order (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is otherwise denied as academic.
MILLER, J.P., KRAUSMAN, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court