| Matter of Yaphank Realty Corp. v Lavalle |
| Motion No: 2006-08662 |
| Slip Opinion No: 2006 NYSlipOp 79888(U) |
| Decided on November 14, 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
M46878
Y/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2006-08662 In the Matter of Yaphank Realty Corp., respondent, v John Jay Lavalle, et al., appellants. (Index No. 28639-03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated August 16, 2006, inter alia, to confirm that an automatic stay pursuant to CPLR 5519(a)(1) is in effect.
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, without costs or disbursements, on the ground that the order is not appealable as of right, and we decline to grant leave to appeal (see CPLR 5701[b][1]); and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court