NYCTL 2008-A Trust & Bank of New York v Reed-Bey
Motion No: 2014-07131
Slip Opinion No: 2014 NY Slip Op 81622(U)
Decided on August 25, 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

M178981

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-07131

NYCTL 2008-A Trust & Bank of New

York, etc., respondent, v Leon Reed-Bey,

appellant, et al., defendants.

(Index No. 5363/11)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay his eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered July 11, 2014.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is dismissed for failure to provide proof of service of the order to show cause in accordance with its terms; and it is further,

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.

DILLON, J.P., DICKERSON, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court