| Barretta Realty Skyline Etc. v Sunrise Land Servs. Corp. Etc. |
| Motion No: 2015-02476 NC |
| Slip Opinion No: 2016 NY Slip Op 62830(U) |
| Decided on January 22, 2016 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANGELA G. IANNACCI, J.P.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Barretta Realty Skyline etc., Plaintiff, v Sunrise Land Services Corp. etc., Defendant. |
Motion by plaintiff for leave to appeal to this court from an order of the District Court of Nassau County, First District, entered October 26, 2015, and for a stay pending the determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking leave to appeal to this court is denied as unnecessary, as the order is appealable as of right (see UDCA 1702); and it is further,
ORDERED that plaintiff's motion papers are deemed to be a timely notice of appeal (see CPLR 5520 [b]); and it is further,
ORDERED that the branch of the motion seeking a stay pending the determination of the appeal is denied.
ENTER:
Paul Kenny
Chief Clerk