| 139-25th St. Jackson Hgts., Inc. v Philip H. Murphy, Roberta Murphy, & Philip B. Murphy |
| Motion No: 2006-01526 QC |
| Slip Opinion No: 2007 NYSlipOp 63208(U) |
| Decided on February 13, 2007 |
| 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 : 2nd and 11th JUDICIAL DISTRICTS
| 139-25TH STREET JACKSON HEIGHTS, INC., Respondent, -against- PHILIP H. MURPHY, ROBERTA MURPHY, and PHILIP B. MURPHY, Appellants. |
DECISION
On the court's own motion, appeals from orders of the Civil Court, Queens County (Margaret Parisi McGowan, J.), dated October 31, 2005 and April 20, 2006 dismissed.
The appeal from the order dated October 31, 2005 is dismissed because, by subsequent order dated February 15, 2006, the court granted a motion to discontinue the proceeding. No appeal lies from the October 31, 2005 order once the proceeding has been discontinued (see Colucci v Colucci, 206 AD2d 956 [1994]). The appeal from the order dated April 20, 2006, which order sua sponte held in abeyance an application by tenants for attorney's fees, is dismissed because no appeal as of right lies from a sua sponte order (CCA 1702 [a]; see Sholes v Meagher, 100 NY2d 333 [2003]) or from an order holding a motion in abeyance (see Nikac v Rukaj, 276 AD2d 537 [2000]).