| Matter of McCloskey Contracting Company, Inc. v Interstate |
| Motion No: 2016-05078 |
| Slip Opinion No: 2016 NY Slip Op 82613(U) |
| Decided on August 16, 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
M216564
E/sl
MARK C. DILLON, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
VALERIE BRATHWAITE NELSON, JJ.
|
2016-05078, 2016-07462 In the Matter of McCloskey Contracting Company, Inc., respondent, v Interstate Industrial Corp., et al., appellants. (Index No. 80081/14)
| DECISION & ORDER ON MOTION |
Motion by the appellants to confirm that an automatic stay of enforcement of two orders of the Supreme Court, Kings County, dated April 26, 2016, and June 17, 2016, respectively, exists, pending hearing and determination of appeals therefrom, to consolidate the appeals, and for an award of costs and an attorney's fee. Separate motion by the respondent to dismiss the appeal from the order dated June 17, 2016, on the ground that no appeal lies from an order entered upon the default of an appealing party.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the respondent's motion is granted and the appeal from the order dated June 17, 2016, is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the branch of the appellants' motion which is to consolidate the appeals is denied as academic; and it is further,
ORDERED that the appellants' motion is otherwise denied.
DILLON, J.P., ROMAN, COHEN and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court