| Volpe v County of Suffolk |
| Motion No: 2015-09813 |
| Slip Opinion No: 2015 NY Slip Op 89657(U) |
| Decided on November 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
M201177
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
ROBERT J. MILLER
JOSEPH J. MALTESE, JJ.
|
2015-09813 Duane M. Volpe, appellant, et al., plaintiffs, v County of Suffolk, respondent. (Index No. 16933/15)
| 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, Suffolk County, dated October 14, 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), leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied.
RIVERA, J.P., DICKERSON, MILLER and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court