Cach, LLC v Thomas Green
Motion No: 2016-02615 KC
Slip Opinion No: 2017 NY Slip Op 62390(U)
Decided on January 19, 2017
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

THOMAS P. ALIOTTA, J.P.

MICHAEL L. PESCE

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2016-2615 K C
Cach, LLC, Appellant, v Thomas Green, Respondent.

Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 14, 2016.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal as of right lies from an order that directs a traverse hearing to aid in the determination of a motion (see CCA 1702 [a] [2]; Stewart v County of Nassau, 120 AD2d 516 [[1986]; Citibank v S & J Inzlicht, Inc., 8 Misc 3d 134[A], 2005 NY Slip Op 51174[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2005]), and leave to appeal has not been granted; and it is further,

ORDERED that appellant's motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk