| Cindy Ebanks v 538 Realty, LLC Mgt. |
| Motion No: 2014-00815 KC |
| Slip Opinion No: 2014 NY Slip Op 73453(U) |
| Decided on May 20, 2014 |
| 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
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Cindy Ebanks, Respondent, v 538 Realty, LLC Management, Appellant, et al., Defendant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 21, 2013.
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 is dismissed on the ground that no appeal as of right lies from the Civil Court's sua sponte order (see CCA 1702 [a] [2]; CPLR 2211; Sholes v Meagher, 100 NY2d 333 [2003]) and leave to appeal has not been granted; and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk