| Stessa Corp. v 97-02 Roosevelt Avenue, LLC |
| Motion No: 2011-06371 |
| Slip Opinion No: 2011 NY Slip Op 81082(U) |
| Decided on August 16, 2011 |
| 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
M124501
E/sl
MARK C. DILLON, J.P.
JOSEPH COVELLO
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2011-06371, 2011-06375, 2011-06376 Stessa Corp., et al., respondents, v 97-02 Roosevelt Avenue, LLC, et al., appellants. (Index No. 7658/11)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from three orders of the Supreme Court, Queens County, dated March 29, 2011, June 1, 2011, and June 13, 2011, respectively, to vacate the temporary restraining order contained in the order dated March 29, 2011, as amended by the order dated June 1, 2011, or to fix an undertaking pursuant to CPLR 6312(b), and to stay enforcement of stated portions of the order dated June 13, 2011, pending hearing and determination of the appeals.
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 appeals from the orders dated March 29, 2011, and June 1, 2011, respectively, and the appeal from so much of the order dated June 13, 2011, as sua sponte extends the subject contract for a period of 60 days are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from orders that are not the result of motions made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied.
DILLON, J.P., COVELLO, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court