Matter of Junction Realty, LLC v State of New York Division
Motion No: 2006-11601
Slip Opinion No: 2007 NYSlipOp 61183(U)
Decided on January 16, 2007
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M49394

E/sl

HOWARD MILLER, J.P.

STEVEN W. FISHER

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2006-11601

In the Matter of Junction Realty, LLC, appellant,

v State of New York Division of Housing and

Community Renewal Office of Rent Administration,

et al., respondents.

(Index No. 17192/06)

DECISION & ORDER ON MOTION

Motion by the respondent State of New York Division of Housing and Community Renewal Office of Rent Administration to dismiss an appeal from an order of the Supreme Court, Queens County, dated November 6, 2006, on the ground that the appeal is from a nonfinal order in a proceeding pursuant to CPLR article 78, and cross motion by the appellant for leave to appeal from the order.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the cross motion is denied; and it is further,

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701[b][1]).

MILLER, J.P., FISHER, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court