| Valencia v Obayashi Corporation |
| Motion No: 2010-01163 |
| Slip Opinion No: 2010 NY Slip Op 64140(U) |
| Decided on February 24, 2010 |
| 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
M99084
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
DANIEL D. ANGIOLILLO
ARIEL E. BELEN, JJ.
|
2010-01163 Hermes Valencia, etc., et al., appellants, v Obayashi Corporation, et al., respondents, et al., defendants (and a third-party action). (Index No. 07-25908)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay their time to file a note of issue and certificate of readiness in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered January 12, 2010.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 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 as academic.
RIVERA, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court