White Lines, Com, LLC v EMS Financial Services, LLC
Motion No: 2016-06687
Slip Opinion No: 2016 NY Slip Op 80128(U)
Decided on July 20, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M215245

E/ct

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JOSEPH J. MALTESE, JJ.

2016-06687

White Lines Com, LLC, respondent, v EMS

Financial Services, LLC, etc., et al., defendants,

Telepoint International, appellant.

(Index No. 700872/12)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered June 24, 2016.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 leave to appeal has not been granted; and it is further,

ORDERED that the motion is denied as academic.

CHAMBERS, J.P., DICKERSON, HALL and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court