| Lr Credit10, LLC v Ana C. Parrado |
| Motion No: 2013-02655 QC |
| Slip Opinion No: 2013 NY Slip Op 95683(U) |
| Decided on January 24, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| LR Credit10, LLC, Appellant, v Ana C. Parrado, Respondent. |
Motion by appellant for a stay pending the determination of appeals from orders of the Civil Court of the City of New York, Queens County, entered March 25, 2013 and October 16, 2013, respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal from the order entered March 25, 2013 is dismissed, as no appeal lies from an order setting a matter down for a traverse hearing to determine whether service was proper (see CCA 1702 [a] [2]; Wheeler v McCreight, 34 Misc 3d 144[A], 2012 NY Slip Op 50143[U] [App Term, 2d, 11th & 13th Jud Dists 2012]; Citibank v S & J Inzlicht, Inc., 8 Misc 3d 134[A], 2005 NY Slip Op 51174[U] [App Term, 2d & 11th Jud Dists 2005]); and it is further,
ORDERED that so much of appellant's motion as seeks a stay pending the determination of the appeal from the order entered October 16, 2013 is granted on condition that the appeal be perfected by April 4, 2014, and the remainder of appellant's motion is denied as academic; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk