New York State Nurses Association v New York State De
Motion No: 2013-06761
Slip Opinion No: 2013 NY Slip Op 79648(U)
Decided on July 15, 2013
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M159379

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2013-06761, 2013-06762

New York State Nurses Association, et al.,

respondents, v New York State Department

of Health, et al., appellants.

(Index No. 5814/13)

DECISION & ORDER ON MOTION

Motion by the respondent 1199 SEIU United Healthcare Workers East to confirm that the orders of the Supreme Court, Kings County, dated April 1, 2013, and June 19, 2013, respectively, are not subject to an automatic stay pursuant to CPLR 5519(a)(1), pending hearing and determination of appeals therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that on the Court's own motion, the appeals are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from orders that are not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., BALKIN, LOTT and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court