| Kiryas Joel Mun. Local Dev. Corp. v Chaim Friedman d/b/a Zupnik Rd. Fish Mkt. |
| Motion No: 2006-01112 ORC 10-11-2006 |
| Slip Opinion No: 2006 NYSlipOp 81645(U) |
| Decided on December 4, 2006 |
| Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS
| KIRYAS JOEL MUNICIPAL LOCAL DEVELOPMENT CORP., Respondent, -against- CHAIM FRIEDMAN d/b/a ZUPNIK ROAD FISH MARKET, Appellant. |
DECISION
That branch of the motion by appellant, in essence, for leave to appeal to the Appellate Division, Second Department from an order of this court dated August 31, 2006, which, inter alia, denied appellant's motion for a stay is denied.
That branch of the motion for a stay is denied.
An order by this court denying a motion for a stay pending determination of the appeal does not determine the appeal pursuant to CPLR 5703(a) and therefore no appeal lies therefrom.
Appellant has been evicted from the premises rendering his application for a stay moot.