| Kapsis v Peragine |
| Motion No: 2009-09079 |
| Slip Opinion No: 2009 NY Slip Op 90033(U) |
| Decided on December 2, 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
M95322
E/sl
HOWARD MILLER, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
SANDRA L. SGROI, JJ.
|
2009-09079, 2009-09080 James L. Kapsis, appellant, v Michael S. Peragine, et al., respondents. (Index No. 13623/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of two orders of the Supreme Court, Nassau County, dated July 13, 2009, and August 25, 2009, respectively, pending hearing and determination of appeals 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 from the order dated August 25, 2009 (Appellate Division Docket No. 2009-09080), 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.
MILLER, J.P., DICKERSON, ENG and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court