| Matter of Queen Esther's Temple, Inc.; Brighton Way L |
| Motion No: 2008-08988 |
| Slip Opinion No: 2008 NYSlipOp 91172(U) |
| Decided on December 4, 2008 |
| 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
M79425
E/sl
WILLIAM F. MASTRO, J.P.
HOWARD MILLER
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2008-08988 In the Matter of Queen Esther's Temple, Inc. Brighton Way, LLC, respondent; Neal Wright, appellant. (Index No. 13606/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, entered September 5, 2008, 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 which directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., MILLER, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court