| Prinzi v Prinzi & Tapinis, Ltd. |
| Motion No: 2010-11761 |
| Slip Opinion No: 2010 NY Slip Op 91895(U) |
| Decided on December 23, 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
M113209
E/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON, JJ.
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2010-11761 Richard M. Prinzi, Jr., etc., et al., appellants, v Prinzi & Tapinis, Ltd., et al., respondents. (Matter No. 1) In the Matter of John G. Tapinis, etc., respondent, v Richard M. Prinzi, Jr., appellant. (Matter No. 2) (Index Nos. 102434/10, 80323/10)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Richmond County, dated November 26, 2010, pending hearing and determination of an appeal 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 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.
PRUDENTI, P.J., MASTRO, RIVERA and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court