| Town of Southampton v Joseph |
| Motion No: 2014-08053 |
| Slip Opinion No: 2015 NY Slip Op 66780(U) |
| Decided on March 12, 2015 |
| 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. |
Appellate Division: Second Judicial Department
M188624
E/sl
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2014-08053 Town of Southampton, respondent, v Marilyn Tolchin Joseph, appellant, et al., defendants. (Index No. 12878/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of a temporary restraining order contained in an order to show cause of the Supreme Court, Suffolk County, dated June 27, 2014, pending hearing and determination of an appeal from the order to show cause. Separate motion by the appellant, inter alia, to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motions 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 motions are denied as academic.
BALKIN, J.P., HALL, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court