Tribeca Lending Corporation v Fequiere
Motion No: 2010-02124
Slip Opinion No: 2010 NY Slip Op 69027(U)
Decided on April 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M101136

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2010-02124

Tribeca Lending Corporation, respondent,

v Emma Fequiere, appellant, et al., defendants.

(Index No. 12372/07)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the sale of the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated January 7, 2010.

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, on the ground that the order is not appealable as of right (see CPLR 5701; Katz v Katz, 68 AD2d 536), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion is denied as academic.

FISHER, J.P., DILLON, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court