West Vernon Petroleum Corp. v Singer Holding Corp.
Motion No: 2014-03883
Slip Opinion No: 2014 NY Slip Op 71098(U)
Decided on May 2, 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

M173527

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

SHERI S. ROMAN

JOSEPH J. MALTESE, JJ.

2014-03883

West Vernon Petroleum Corp., respondent

v Singer Holding Corp., defendant, Almei

Oil Co., Inc., et al., appellants.

(Index No. 04-12514)

DECISION & ORDER ON MOTION

,
da

Motion by the appellants to stay enforcement of an order of the Supreme Court, Westchester County, dated March 31, 2014, pending hearing and determination of an appeal therefrom.

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 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 as academic.

SKELOS, J.P., DILLON, ROMAN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court