| Erbesh v Schwartz |
| Motion No: 2007-11065 |
| Slip Opinion No: 2007 NYSlipOp 86123(U) |
| Decided on December 13, 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
M63690
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
|
2007-11065, 2007-11067 Morris Erbesh, et al., appellants, v Esther Schwartz, et al., respondents. (Index No. 07-4305)
| DECISION & ORDER ON MOTION |
Motion by Morris Erbesh, NNE, Inc., and Tire Buys, Inc., to stay the closing and transfer of title with respect to the subject premises pending hearing and determination of appeals from an order of the Supreme Court, Westchester County, entered October 25, 2007, and an order of the same court dated November 13, 2007, and for leave to appeal from the order dated November 13, 2007.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appeal purportedly taken as of right from the order dated November 13, 2007 (Appellate Division Docket No. 2007-11067), 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).
MILLER, J.P., RITTER, DILLON and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court