| Congregation Yetev Lev D'Satmar, Inc. v Nachman Brach |
| Motion No: 2009-00616 |
| Slip Opinion No: 2009 NYSlipOp 65195(U) |
| Decided on March 3, 2009 |
| 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
M83129
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
JOSEPH COVELLO
JOHN M. LEVENTHAL, JJ.
|
2009-00616, 2009-01547
Congregation Yetev Lev D'Satmar, Inc., et al., respondents, v Nachman Brach, Inc., f/k/a 26 Adar N.B. Corp., et al., appellants, et al., defendants; Noel Hauser, non-party appellant. (Index No. 13224/90)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders of the Supreme Court, Kings County, dated September 10, 2008, and January 15, 2009, respectively, to stay all proceedings to hold the appellant Noel W. Hauser in contempt and, in effect, to stay enforcement of the order dated September 10, 2008, pending hearing and determination of the appeals.
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 from the order dated January 15, 2009 (Appellate Division Docket No. 2009-01547), 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), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied.
FISHER, J.P., FLORIO, COVELLO and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court