London Leasing Ltd. Partnership v Pkg. Card & News, Inc.
Motion No: 2011-01663 qc
Slip Opinion No: 2011 NY Slip Op 77527(U)
Decided on June 27, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

2011-1663 Q C
London Leasing Limited Partnership, Respondent, v
Pkg. Card & News, Inc., Appellant, et al., Undertenants.

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, Queens County, dated May 25, 2011.

Upon the papers filed in support of the motion and the papers filed in opposition there, it is

ORDERED, on the court's own motion, that the appeal is dismissed as the order dated May 25, 2011 is not appealable as of right since it did not determine a motion made upon notice (see CCA 1702 [a] [2]; CPLR 2211); and it is further,

ORDERED that appellant's motion for a stay is denied as academic.

ENTER:

Paul Kenny

Chief Clerk