Krupinski v Statfeld
Motion No: 2015-11275
Slip Opinion No: 2015 NY Slip Op 92616(U)
Decided on December 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M202680

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2015-11275

Bonnie B. Krupinski, etc., respondent,

v Ira Statfeld, et al., appellants, et al.,

defendant.

(Index No. 610076/15)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order to show cause of the Supreme Court, Suffolk County, dated November 17, 2015, to vacate a temporary restraining order contained in the order to show cause.

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., DICKERSON, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court