Lee v I-Sheng Li
Motion No: 2013-08297
Slip Opinion No: 2013 NY Slip Op 86166(U)
Decided on September 24, 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

M162747

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2013-08297, 2013-08821

John Lee, et al., appellants,

v I-Sheng Li, etc., et al., respondents.

(Index No. 700985/13)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in a matter entitled Li v Lee, pending in the Civil Court of the City of New York, Queens County, Residential Part, under Index No. 80325/12, pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated August 21, 2013, and July 29, 2013, respectively.

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 from the order dated July 29, 2013 (Appellate Division Docket No. 2013-08821), 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.

ENG, P.J., BALKIN, LOTT and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court