Calabrese v Cross-Path Realty, LLC
Motion No: 2014-04136
Slip Opinion No: 2014 NY Slip Op 71786(U)
Decided on May 9, 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

M173936

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-04136

Patrick Calabrese, respondent,

v Cross-Path Realty, LLC, etc., appellant.

(Index No. 10225/11)

DECISION & ORDER ON MOTION

Motion by Cross-Path Realty, LLC, for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated April 10, 2014, and to stay the trial in the above-entitled action, 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 it is further,

ORDERED that the moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court