| Underhill-washington Equities, LLC v Pearl Campbell & Michael Leeke |
| Motion No: 2012-02121 kc |
| Slip Opinion No: 2012 NY Slip Op 92657(U) |
| Decided on November 29, 2012 |
| 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
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Underhill-Washington Equities, LLC, Appellant, v Pearl Campbell and Michael Leeke, Respondents, et al., Undertenants. |
Motion by appellant on an appeal from so much of an order of the Civil Court of the City of New York, Kings County, dated May 22, 2012, as held appellant's motion for summary judgment in abeyance, to restrain the Division of Housing and Community Renewal from determining respondent Michael Leeke's succession rights claim.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed on the ground that no appeal lies as of right from the stated portion of the order (see Evan S. v Joseph R., 70 AD3d 668 [2010]) and leave to appeal has not been granted; and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk