| Concord Vil. Owners, Inc. v Lance Kramer & Sylvia Kramer |
| Motion No: 2016-01278 KC |
| Slip Opinion No: 2016 NY Slip Op 85234(U) |
| Decided on August 31, 2016 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Concord Village Owners, Inc., Respondent, v Lance Kramer and Sylvia Kramer, Appellants. |
Motion by appellants for a stay pending the determination of an appeal from so much of an order of the Civil Court of the City of New York, Kings County, entered May 16, 2016, as sua sponte directed appellants to pay respondent use and occupancy. Cross motion by respondent to dismiss the appeal.
Upon the papers filed in support of the motion and cross motion, it is
ORDERED that the cross motion is granted and the appeal is dismissed, as no appeal as of right lies from the Civil Court's sua sponte order (see CCA 1702 [a] [2]; CPLR 2211; Sholes v Meagher, 100 NY2d 333 [2003]), and leave to appeal has not been granted; and it is further,
ORDERED that appellants' motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk