| Campbell v Thomas |
| Motion No: 2007-06652 |
| Slip Opinion No: 2007 NYSlipOp 82854(U) |
| Decided on November 2, 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. |
Appellate Division: Second Judicial Department
M62085
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2007-06652 Christopher Campbell, etc., et al., respondents, Nidia Colon Thomas, appellant, et al., defendants. (Index No. 1756/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Putnam County, dated June 21, 2007, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701[a][1]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
MILLER, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court