| Miller v Searingtown Associates, Inc. |
| Motion No: 2010-01986 |
| Slip Opinion No: 2010 NY Slip Op 65786(U) |
| Decided on March 17, 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
M100003
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
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2010-01986 Veronica Miller, etc., respondent, v Searingtown Associates, Inc., et al., defendants third-party plaintiffs; New Horizon Roofing Corp., third-party defendant-appellant. (Index No. 22279/08)
| DECISION & ORDER ON MOTION |
Motion by New Horizon Roofing Corp. to stay enforcement of stated portions of an order of the Supreme Court, Nassau County, entered February 24, 2010, pending hearing and determination of an appeal from the order.
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, as no appeal lies as of right from an order that does not decide a motion made on notice (see CPLR 5701[a][2]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., ANGIOLILLO, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court