| Mi King Chew v La Chea |
| Motion No: 2016-10013 |
| Slip Opinion No: 2016 NY Slip Op 92471(U) |
| Decided on November 25, 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
M221987
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
|
2016-10013, 2016-12124 Mi King Chew, appellant, v La Chea, respondent. (Index No. 12739/12)
| DECISION & ORDER ON MOTION |
Motion by Patricia Chew, Nin Koon Chew, and San C. Chew for leave to intervene on an appeal from an order of the Supreme Court, Kings County, dated June 2, 2016, and to stay enforcement of the order dated June 2, 2016, as well as an order of the same court dated October 7, 2016, and to stay all proceedings in the above-entitled action as well as a related action, pending hearing and determination of the appeals. Separate motion by the appellant to stay enforcement of the orders dated June 2, 2016, and October 7, 2016, and to stay all proceedings in the above-entitled action as well as a related action, pending hearing and determination of the appeal from the order dated June 2, 2016, for leave to appeal to this Court from the orders dated June 2, 2016, and October 7, 2016, and for leave to serve and file an oversized brief. Separate motion by the respondent to dismiss the appeal from the order dated June 2, 2016, as untimely taken.
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 2, 2016, is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the motion by Patricia Chew, Nin Koon Chew, and San C. Chew is denied as academic; and it is further,
ORDERED that the branch of the appellant's motion which is for leave to appeal from the order dated October 7, 2016, is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the appellant may serve and file a notice of appeal from the order dated October 7, 2016, in accordance with CPLR 5514(a); and it is further,
ORDERED that the appellant's motion is otherwise denied as academic.
DILLON, J.P., HALL, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court