| Joseph W. Ryan, Jr., P.C. v Faibish |
| Motion No: 2015-03871 |
| Slip Opinion No: 2015 NY Slip Op 93178(U) |
| Decided on December 10, 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
M203030
E/sl
RANDALL T. ENG, P.J.
LEONARD B. AUSTIN
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2015-03871, 2015-10350, 2015-12049 Joseph W. Ryan, Jr., P.C., respondent, v Mair Faibish, appellant. (Index No. 17416/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Suffolk County, dated February 23, 2015, and October 19, 2015, respectively, to stay enforcement of a judgment of the same court entered May 5, 2015, pending hearing and determination of the appeals from the orders.
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 from the order dated October 19, 2015, 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 on the Court's own motion, the notice of appeal from the order dated February 23, 2015, is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]), and on or before December 30, 2015, the appellant shall serve and file a supplemental record containing the judgment; and it is further,
ORDERED that the motion is denied.
ENG, P.J., AUSTIN, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court