| Nanomedicon, LLC v Research Foundation of State Univer |
| Motion No: 2015-02809 |
| Slip Opinion No: 2015 NY Slip Op 72070(U) |
| Decided on May 4, 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
M191674
E/sl
JOHN M. LEVENTHAL, J.P.
THOMAS A. DICKERSON
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2015-02809 Nanomedicon, LLC, appellant, v Research Foundation of State University of New York, et al., respondents, et al., defendants. (Index No. 36815/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated March 16, 2015, pending hearing and determination of an appeal therefrom. Separate cross motions by the respondents to dismiss the appeal on the ground that the order is not appealable as of right and leave to appeal has not been granted or on the ground that the appeal has been rendered academic.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branches of the cross motions which are to dismiss the appeal on the ground that the order is not appealable as of right and leave to appeal has not been granted are granted, and 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 cross motions are otherwise denied as academic; and it is further,
ORDERED that the motion is denied as academic.
LEVENTHAL, J.P., DICKERSON, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court