Vaccaro v Lynch
Motion No: 2014-02871
Slip Opinion No: 2014 NY Slip Op 70660(U)
Decided on April 30, 2014
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

M173376

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-02871

Stephan J. Vaccaro, respondent,

v Maura Lynch, appellant.

(Index No. 38437/10)

DECISION & ORDER ON MOTION

Motion by Maura E. Lynch, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated February 7, 2014, to stay enforcement of that order and stay her eviction from the subject premises, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701), and the moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., CHAMBERS, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court