| NYCTL 2012-A Trust v Xhelili |
| Motion No: 2016-07283 |
| Slip Opinion No: 2016 NY Slip Op 82384(U) |
| Decided on August 12, 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
M216477
E/sl
RANDALL T. ENG, P.J.
SHERI S. ROMAN
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2016-07283 NYCTL 2012-A Trust, etc., respondent, v Rasim Xhelili, et al., appellants, et al., defendants. (Index No. 100756/13)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay their eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated July 24, 2015.
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 is dismissed, without costs or disbursements, as no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied as academic.
ENG, P.J., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court