| Coney on the Park, LLC v Park Circle, LLC |
| Motion No: 2011-03692 |
| Slip Opinion No: 2011 NY Slip Op 82731(U) |
| Decided on September 6, 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
M125359
S/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
THOMAS A. DICKERSON
PLUMMER E. LOTT, JJ.
|
2011-03692, 2011-03694 Coney on the Park, LLC, respondent, v Park Circle, LLC, appellant. (Index No. 10851/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated April 30, 2010, and February 4, 2011, respectively, inter alia, to vacate a temporary restraining order contained in the order dated April 30, 2010, 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 are dismissed, without costs or disbursements, as the orders are not appealable as of right and leave to appeal has not been granted (see CPLR 5701); and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., SKELOS, DICKERSON and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court