| 307-309 Mott Realty, LLC v Daley, Richard |
| Motion No: 570233/16 |
| Slip Opinion No: 2016 NY Slip Op 71426(U) |
| Decided on April 25, 2016 |
| Appellate Term, First 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. |
April 25, 2016
307-309 Mott Realty, LLC v Daley, Richard
It is Ordered that the motion and cross-motion are consolidated for disposition.
It is further Ordered that the cross motion is granted only to the extent of dismissing the appeal from the order dated July 24, 2015 on the ground that the order, which, in effect, sua sponte, resettled a portion of a prior order, is not appealable (see CPLR 5701[a][2], CCA 1702[a][2]; Fernandez v Price, 63 AD3d 672 [2009]). The cross motion is otherwise denied. The motion for a stay is denied as academic.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570233/16