| New York Telecom. Corp. v Luna Operating, L.L.C. |
| Motion No: 2010-02196 kc |
| Slip Opinion No: 2011 NY Slip Op 65699(U) |
| Decided on February 22, 2011 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
JAIME A. RIOS, J.P.
MICHAEL L. PESCE
JOSEPH G. GOLIA, JJ.
DECISION & ORDER ON MOTION
| New York Telecommunications Corp., Respondent, v Luna Operating, L.L.C., Appellant, and "XYZ Corp.", Undertenant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 16, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED, on the court's own motion, that the appeal is dismissed.
No appeal as of right lies from an order that determines an oral motion (see CCA 1702 [a] [2]; CPLR 2211; New Century Osteopathic v State Farm Fire & Cas. Ins. Co., 22 Misc 3d 126[A], 2008 NY Slip Op 52584[U] [App Term, 2d, 11th & 13th Jud Dists, 2008]).
ENTER:
Paul Kenny
Chief Clerk