Appellate Division: Second Judicial Department

M82501

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2009-00732, 2009-00808 Ackleema Ally, appellant, v Asta Funding Acquisition III, LLC, et al., respondents. (Index No. 104185/08)

DECISION & ORDER ON MOTION

Motion by Ackleema Ally for leave to appeal to this court from an order of the Supreme Court, Richmond County, December 2, 2008, which transferred the above entitled action to the Civil Court of the City of New York, Richmond County, and to stay all proceedings in the above-entitled action pending hearing and determination of that appeal, as well as an appeal from an order of the same court also dated December 2, 2008, which denied a motion to dismiss the complaint.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal 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 December 2, 2008 (Appellate Division Docket No. 2009-00732), that transferred the action to the Civil Court of the City of New York, Richmond County, is dismissed, without costs or disbursements (see CPLR 5701); and it is further,

ORDERED that on the court's own motion, the appeal from the order dated December 2, 2008 (Appellate Division Docket No. 2009-00808), that denied the motion to dismiss the complaint is dismissed, without costs or disbursements, on the ground that the appellant is not aggrieved by that order (see CPLR 5511); and it is further,

ORDERED that the branch of the motion which is to stay all proceedings is denied as academic.

RITTER, J.P., SANTUCCI, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court