City of Glen Cove v Glen Cove Assoc., L.P.
Motion No: 2013-00233 nc
Slip Opinion No: 2013 NY Slip Op 69264(U)
Decided on March 21, 2013
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 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

ANGELA G. IANNACCI

HECTOR D. LaSALLE, JJ.

DECISION & ORDER ON MOTION

2013-233 N C
City of Glen Cove, Respondent, v Glen Cove Associates, L.P., Defendant, and Restaurante Morazan, Inc., Hector O. Bonilla and Christina Dambrosio Bonilla, Appellants.

Motion by appellants for a stay pending the determination of an appeal from an order of the City Court of Glen Cove, Nassau County, dated January 25, 2013.

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 from the order dated January 25, 2013 is dismissed, as the order is not appealable as of right since it did not determine a motion made upon notice (see UCCA 1702 [a] [2]; CPLR 2211); and it is further,

ORDERED that appellant's motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk