Shy, LLC v Pioneer Bus. Mgt., LLC
Motion No: 2007-00188 QC
Slip Opinion No: 2007 NYSlipOp 65314(U)
Decided on March 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.

NO. 2007-188 Q C
SHY, LLC,

Respondent,

-against-

PIONEER BUSINESS MANAGEMENT, LLC,

Appellant,

-and-

COLL, INC.,

Undertenant.

DECISION

Motion by tenant-appellant for a stay pending appeal is denied.

We note that the part of the order appealed directing tenant to deposit $150,000 is not appealable as of right. No appeal can be taken as of right unless the motion decided is made upon notice (see CCA 1702 [a] [2]). Here, the appeal is taken from a written order which granted an oral motion not made upon notice. CPLR 2211 provides, "A motion on notice is made when a notice of the motion or an order to show cause is served."