| Town of East Hampton v Spiritoso LLC |
| Motion No: 2015-06634 |
| Slip Opinion No: 2015 NY Slip Op 81963(U) |
| Decided on August 18, 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
M197209
E/ct
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2015-06634 Town of East Hampton, respondent, v Spiritoso, LLC, et al., defendants, CJRNYC, LLC., et al., appellants. (Index No. 12187/15)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated July 24, 2015.
Upon the papers filed in support of the motion 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 motion is denied as academic.
BALKIN, J.P., ROMAN, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court