| Vinco v Belgiorno |
| Motion No: 2012-08691 |
| Slip Opinion No: 2012 NY Slip Op 87695(U) |
| Decided on October 18, 2012 |
| 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
M145251
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2012-08691 Aroldo Vinco, et al., appellants, v Margaret Belgiorno, et al., respondents. (Index No. 27865/12))
| DECISION & ORDER ON MOTION |
Motion by Aroldo Vinco and Kellen Vinco, inter alia, to enjoin the respondents from occupying the subject premises or interfering with their use of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated September 11, 2011.
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.
RIVERA, J.P., CHAMBERS, HALL and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court