| New York City Economic Dev. Corp. v Harborside Mini Stor., Inc. a/k/a Harborside Self Stor. Corp. |
| Motion No: 2007-00917 KC 07-18-2007 |
| Slip Opinion No: 2007 NYSlipOp 76740(U) |
| Decided on August 27, 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
| NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION, Appellant-Respondent, -against- HARBORSIDE MINI STORAGE, INC. a/k/a HARBORSIDE SELF STORAGE CORP., Respondent-Appellant, -and- "XYZ CORP.", Undertenant. |
DECISION
Motion by appellant-respondent to vacate a stay purportedly imposed by CPLR 5519 (a) (6) pursuant to an order of the court below dated April 26, 2007, to consolidate its appeal from an order dated October 6, 2006 with respondent-appellant's appeal from a final judgment of possession, and to grant a preference is denied in all respects.
On the court's own motion, appeals by appellant-respondent from orders dated October 6, 2006 and April 26, 2007 are dismissed.
The appeal from the order of the court below dated October 6, 2006, which provided for a stay until March 30, 2007, is dismissed as moot (see State of New York v General Elec. Co., 103 AD2d 985 [1984]). The order dated April 26, 2007 essentially directed that there be a judicial hearing to aid in the disposition of a motion; it did not decide the motion or affect a substantial right and thus, it is not appealable as of right (see CCA 1702 [a] [2]; Citibank v S & J Inzlicht, Inc., 8 Misc 3d 134[A], 2005 NY Slip Op 51174[U] [App Term, 2d & 11th Jud Dists]).