| East Hampton Union Free School District v Sandpebble B |
| Motion No: 2016-01972 |
| Slip Opinion No: 2016 NY Slip Op 69884(U) |
| Decided on April 7, 2016 |
| 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
M209532
E/sl
JOHN M. LEVENTHAL, J.P.
L. PRISCILLA HALL
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2016-01972, 2016-02408 East Hampton Union Free School District, appellant, v Sandpebble Builders, Inc., respondent. (Index No. 1113/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(1), or, in the alternative, to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Suffolk County, dated January 15, 2016, and February 29, 2016, respectively.
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 February 29, 2016, 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 leave to appeal has not been granted; and it is further,
ORDERED that the branch of the motion which is to confirm that an automatic stay is in effect is denied as no automatic stay is in effect; and it is further,
ORDERED that the motion is otherwise denied.
LEVENTHAL, J.P., HALL, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court